South Africa Case Law

Anglo Wealth Shariah (Pty) Ltd v IMS Call Solutions (Pty) Ltd and Others (003036-2024)

Anglo Wealth Shariah (Pty) Ltd v IMS Call Solutions (Pty) Ltd and Others (003036-2024) [2024] ZAGPJHC 193 (28 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

003036/2024

Judge

Makume

Urgent application for return of luxury vehicles dismissed after the court found no urgency and held that disputed arrears and cancellation issues had to be resolved later.

• Urgent Interdict
• Rei Vindicatio
• Lease Agreement
• Default And Cancellation
• Condonation Of Late Filing
• Urgent-application

Botes t/a JHLS Botes Vervoer v Standard Bank of South Africa Limited (M85/15)

Botes t/a JHLS Botes Vervoer v Standard Bank of South Africa Limited (M85/15) [2015] ZANWHC 72 (30 October 2015)

Court

North West High Court, Mafikeng

Case number

M85/15

Judge

A A Landman

The High Court granted leave to appeal to the Supreme Court of Appeal over whether a further section 129 notice was needed after restructuring and renewed default.

• Leave To Appeal
• Section 129 Notice
• Installment Sale Agreements
• Restructuring Agreement
• Default And Cancellation
• Leave-to-appeal

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

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

Court

South Gauteng High Court, Johannesburg

Case number

21833 /2013

Judge

Andrews

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

Firstrand Bank Ltd t/a Wesbank v Nel (7170/10)

Firstrand Bank Ltd t/a Wesbank v Nel (7170/10) [2011] ZAGPPHC 191 (14 September 2011)

Court

North Gauteng High Court, Pretoria

Case number

7170/10

Judge

MNGQIBISA-THUSI

The court found that the applicant was entitled to terminate the debt review in terms of section 86(10) of the National Credit Act, even after referral to the magistrate's court, as established by the Supreme Court of Appeal in Collett v FirstRand Bank Ltd. The respondent failed to provide evidence of payments made under the debt restructuring proposal and did not dispute the applicant's evidence of arrears. The applicant complied with the statutory notice requirements by serving a section 86(10) notice, and there was no bar to enforcement under section 129(1)(a) and section 130. The responde…

Source excerpt

• National Credit Act
• Debt Review Termination
• Instalment Sale Agreement
• Default And Cancellation