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South Africa decisions
Decisions matching the current search
Nedbank Limited v Varoyi (9102/2024) [2025] ZAWCHC 241 (3 June 2025)
High Court summary judgment was granted on a credit agreement debt after the defendant failed to raise a bona fide defence to the claimed balance.
FFS Finance t/a Ford Credit v Van Der Merwe (21308/2022) [2025] ZAWCHC 230 (30 May 2025)
The High Court dismissed a vehicle-repossession claim after finding the credit provider had not meaningfully engaged with the consumer’s repayment proposal under section 129 of the NCA.
Standard Bank of South Africa Limited v Khoza (2023/100165) [2025] ZAGPPHC 569 (23 May 2025)
The High Court confirmed cancellation of a credit card agreement, upheld delivery of section 129 notices, and ordered payment of the outstanding balance and costs.
Caterpillar Financial Services South Africa (Pty) Ltd v Moisa Group (Pty) Ltd (013053/2024) [2025] ZAGPPHC 436 (2 May 2025)
A credit provider obtained repossession of machinery and payment of the outstanding balance after proving default and compliance with National Credit Act notice requirements.
Bokleni v First Rand Bank Limited t/a Wesbank (1798/2020) [2024] ZAECMKHC 146 (17 December 2024)
The court found that the applicant failed to meet the requirements for rescission of judgment under both Rule 42 and common law. The applicant did not provide a reasonable and acceptable explanation for his default, nor did he demonstrate a bona fide defence with prospects of success. The evidence showed that the section 129 notice and summons were properly served, and the applicant's denial of receipt was unsupported by substantive evidence. The applicant's argument that he was unaware of the balloon payment was rejected, as the agreement was clear and unequivocal. The court held that the ap…
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Standard Bank of South Africa Ltd v Tafeni (835/2023) [2024] ZAECBHC 30 (30 August 2024)
An unopposed default judgment application. The court found no valid defence, cancelled the agreement, ordered return of a vehicle, and awarded costs.
Standard Bank of South Africa Ltd v Louw (2023/B 6162) [2024] ZAGPPHC 877 (5 August 2024)
The court refused judgment because the section 129 notice under the National Credit Act was sent to an email address instead of the agreed domicilium address.
SA Taxi Development Finance (Pty) Ltd v Thethani NO (10417/2023) [2024] ZAWCHC 60 (28 February 2024)
The court found that the plaintiff, as cessionary, retained ownership of the vehicle under the instalment sale agreement, and upon default by the defendant as executrix, was entitled to repossession. The section 129 notice was properly served at the defendant's residential address, satisfying statutory requirements. The credit life insurance claim was repudiated due to the deceased's death within the waiting period, and this did not extinguish the debt or affect the plaintiff's rights. The vehicle did not form part of the deceased estate, and thus neither the Master nor the heirs were necessa…
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ABSA Bank Limited v Mavundza (2022-050518) [2024] ZAGPJHC 79 (30 January 2024)
The High Court ordered return of a financed vehicle to ABSA after finding valid section 129 notice, no proven change of address, and no defence to rei vindicatio.
Tskanae and Another v Firstrand Bank Ltd and Others (A250/2021) [2023] ZAGPPHC 596 (18 July 2023)
The High Court refused an appeal against reinstatement of a mortgage bond after a sale in execution was set aside. The underlying debt remained unpaid.
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