South Africa Case Law

ABSA Home Loans Fuarantee Company (RF) Proprietary Limited and Another v Govender and Others (4370/2022P)

ABSA Home Loans Fuarantee Company (RF) Proprietary Limited and Another v Govender and Others (4370/2022P) [2024] ZAKZPHC 70 (2 August 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4370/2022P

Judge

Mngadi

The court granted judgment for the ABSA applicants, ordered payment of the outstanding debt with interest and costs, and declared the property specially executable.

• Mortgage Loan Agreement
• Indemnity Bond
• Suretyship
• Special Executability
• Default And Breach
• Costs On Attorney And Client Scale

SA Taxi Securitisation (Pty) Ltd v Sima (49779/2010)

SA Taxi Securitisation (Pty) Ltd v Sima (49779/2010) [2011] ZAGPJHC 111 (13 September 2011)

Court

South Gauteng High Court, Johannesburg

Case number

49779/2010

Judge

NF Kgomo

The court found that the applicant had complied with both statutory and contractual requirements for cancellation of the credit agreement and termination of debt review. The applicant gave proper notice in terms of section 86(10) of the National Credit Act by sending registered mail to the respondent's chosen address, and actual receipt was not required. The respondent's points in limine were dismissed as unsubstantiated and lacking merit. The application itself constituted a formal election to cancel the agreement, and the applicant was entitled to repossess the vehicle and seek further reli…

Source excerpt

• Credit Agreement Cancellation
• National Credit Act
• Debt Review Termination
• Repossession Of Vehicle
• Default And Breach
• Notice Requirements