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South Africa Case Law

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Banking And Finance [2015] ZAGPPHC 723

Firstrand Bank Limited t/a Wesbank v Adriaanse (19347/2013)

Firstrand Bank Limited t/a Wesbank v Adriaanse (19347/2013) [2015] ZAGPPHC 723 (13 August 2015)

The court found that the plaintiff had complied with section 129(1)(a) of the National Credit Act by sending the notice to the defendant's chosen domicilium address via registered mail. The evidence showed that the notice reached the relevant post office and that notification was sent to the defendant. The defendant's failure to receive the notice was due to his own choice of address and lack of communication regarding postal delivery difficulties. The court held that the plaintiff was not required to ensure actual receipt, only proper delivery. The defendant was in serious default and had fa…

  • National Credit Act
  • Section 129 Notice
  • Domicilium Address
  • Default And Repossession
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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.