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South Africa Case Law

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Civil Procedure [2021] ZAGPJHC 437

Wesbank, a division of Firstrand Bank Limited v Mazel Foods (Pty) Limited t/a Ocean Basket and Another (2020/9286)

Wesbank, a division of Firstrand Bank Limited v Mazel Foods (Pty) Limited t/a Ocean Basket and Another (2020/9286) [2021] ZAGPJHC 437 (21 September 2021)

High Court summary judgment granted for rectification and repossession of a Maserati, with the damages claim postponed and costs awarded against the defendants.

  • Summary Judgment
  • Instalment Sale Agreement
  • Rei Vindicatio
  • Rectification Of Contract
  • Suretyship
  • Damages Postponement
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Banking And Finance [2019] ZASCA 168

FirstRand Bank Limited t/a Wesbank v Davel (1229/2018)

FirstRand Bank Limited t/a Wesbank v Davel (1229/2018) [2019] ZASCA 168; [2020] 1 All SA 303 (SCA) (29 November 2019)

The SCA corrected a repossession order under the National Credit Act, holding that post-sale consumer protections and dispute mechanisms already govern the process.

  • Repossession Of Goods
  • National Credit Act
  • Summary Judgment
  • Consumer Protection
  • Damages Postponement
  • National-credit-act
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Commercial And Corporate [2019] ZAGPJHC 462

Standard Bank of SA Limited v Lantau Trading 365 (Pty) Limited and Others (07550/2019)

Standard Bank of SA Limited v Lantau Trading 365 (Pty) Limited and Others (07550/2019) [2019] ZAGPJHC 462 (8 October 2019)

The High Court confirmed cancellation of two finance agreements, authorised attachment of the financed assets, postponed damages, and ordered costs against the respondents.

  • Cancellation Of Agreement
  • Certificate Of Balance
  • Suretyship Vs Guarantee
  • Damages Postponement
  • Asset Attachment
  • Cancellation-of-agreement
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Commercial And Corporate [2014] ZAGPJHC 345

BMW Financial Services (Pty) Ltd v Shaff (21833 /2013)

BMW Financial Services (Pty) Ltd v Shaff (21833 /2013) [2014] ZAGPJHC 345 (28 October 2014)

The High Court ordered return of a financed BMW after finding the instalment sale agreement valid, cancellation lawful, and the NCA notice requirements met.

  • National Credit Act
  • Instalment Sale Agreement
  • Contractual Formalities
  • Reckless Credit
  • Default And Cancellation
  • Damages Postponement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.