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South Africa Case Law

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Banking And Finance [2023] ZAFSHC 498

First Rand Bank v Du Toit N.O and Another (1162/2023)

First Rand Bank v Du Toit N.O and Another (1162/2023) [2023] ZAFSHC 498; 2024 (6) SA 493 (FB) (18 December 2023)

The High Court held that a debt review order under the NCA terminated on the consumer’s death, but refused enforcement and bond-perfection relief against the deceased estate.

  • National Credit Act
  • Debt Review Order
  • Administration Of Deceased Estates
  • Declaratory Relief
  • National-credit-act
  • Debt-review
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Civil Procedure [2023] ZAGPJHC 1371

Nqaba Guarantee SPV (Pty) Ltd and Another v Khayelihle Trust and Another (47603/2017)

Nqaba Guarantee SPV (Pty) Ltd and Another v Khayelihle Trust and Another (47603/2017) [2023] ZAGPJHC 1371 (27 November 2023)

Condonation for late leave-to-appeal filing was granted, but leave to appeal was refused. The court found no merit in fraud, interest-rate, debt-review, or jurisdiction challenges.

  • Leave To Appeal
  • Condonation For Late Filing
  • Fraudulent Misrepresentation
  • Variable Interest Rate
  • Debt Review Order
  • Jurisdiction
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Banking And Finance [2017] ZAFSHC 36

Investec Bank Ltd v Motloung and Another (5055/2016)

Investec Bank Ltd v Motloung and Another (5055/2016) [2017] ZAFSHC 36 (9 March 2017)

The High Court held that a debtor’s short payment under a debt review order was a breach under the National Credit Act, allowing enforcement against the borrower and surety.

  • National Credit Act
  • Debt Review Order
  • Suretyship Liability
  • Enforcement Of Credit Agreement
  • Special Executability
  • National-credit-act
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Banking And Finance [2013] ZAFSHC 47

Nedbank Ltd t/a MFC, a Division of Nedbank v Ntema (3865/2012)

Nedbank Ltd t/a MFC, a Division of Nedbank v Ntema (3865/2012) [2013] ZAFSHC 47 (22 March 2013)

High Court summary judgment in favour of Nedbank over an instalment sale debt. The court found the defendant in default under both the agreement and a debt review order.

  • National Credit Act
  • Summary Judgment
  • Debt Review Order
  • Default Under Credit Agreement
  • Interest Rate Dispute
  • Summary-judgment
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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.