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South Africa Case Law

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Civil Procedure [2020] ZAGPPHC 478

Absa Bank Limited v Molepo (21651/13)

Absa Bank Limited v Molepo (21651/13) [2020] ZAGPPHC 478 (4 September 2020)

The court granted ABSA Bank leave to amend its particulars of claim to correct the loan terms, debt amounts, interest rate, and related property details.

  • Amendment Of Pleadings
  • Mortgage Loan Agreement
  • Default And Enforcement
  • Quantum Of Debt
  • Interest Rate Variation
  • Amendment-of-pleadings
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Banking And Finance [2019] ZAGPPHC 454

First Rand Bank Ltd v Du Plessis (82121/2018)

First Rand Bank Ltd v Du Plessis (82121/2018) [2019] ZAGPPHC 454 (27 August 2019)

The court found that the respondent failed to pay the required monthly installments under the Credit Facility Agreement, resulting in arrears and breach of contract. The interim arrangement to pay a reduced installment was an indulgence and not a valid amendment, as no written and signed variation existed per the non-variation clause. The respondent's claim that the matter was pending before the Ombudsman was unsupported by evidence; the Ombudsman had closed its file and advised the respondent accordingly. Claims of excessive interest and lack of arrears were unsubstantiated, with no admissib…

  • Credit Facility Agreement
  • National Credit Act
  • Non Variation Clause
  • Default And Enforcement
  • Interest Overcharge
  • Rectification
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Civil Procedure [2011] ZAWCHC 396

Gelderbloem and Another v Changing Tides No 17 (Pty) Ltd (19179/2001)

Gelderbloem and Another v Changing Tides No 17 (Pty) Ltd (19179/2001) [2011] ZAWCHC 396 (27 October 2011)

High Court refused rescission of summary judgment, finding the applicants’ default was explained but they failed to show a bona fide defence.

  • Rescission Of Judgment
  • Summary Judgment
  • National Credit Act
  • Debt Review
  • Default And Enforcement
  • Rescission-of-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.