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South Africa decisions
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Vukeya v ABSA Bank Limited (15338/2022) [2024] ZAGPPHC 1251 (3 December 2024)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success on issues of vehicle description, domicilium address, or service.
Nutrico SA (Pty) Ltd v Van Niekerk and Another (615/2024) [2024] ZAFSHC 117 (22 April 2024)
The High Court dismissed an unopposed provisional sequestration application because the papers were confused, procedurally defective, and service was unreliable.
Sikutshwa v First Rand Bank Auto Receivables (RF) Limited (2726/22P) [2024] ZAKZPHC 34 (6 February 2024)
The court found that the applicant failed to provide a reasonable and satisfactory explanation for his default, as the section 129 notice and summons were sent to his chosen domicilium address in compliance with statutory requirements. The applicant did not notify the respondent of any change in address in writing. The alleged compromise agreement was not credible, as it was not in writing and contradicted the non-variation clause in the credit agreement. The applicant admitted to being in arrears and did not set out a defence with any prospect of success. The reference to an incorrect vehicl…
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ABSA Bank Limited v Mavundza (2022-050518) [2024] ZAGPJHC 79 (30 January 2024)
The High Court ordered return of a financed vehicle to ABSA after finding valid section 129 notice, no proven change of address, and no defence to rei vindicatio.
Du Toit v ABSA Bank Limited (2022-048781) [2024] ZAGPJHC 82 (29 January 2024)
The High Court rescinded a default judgment after finding service of summons was irregular because the bank had been notified of the applicant’s changed address.
Standard Bank of South Africa Limited v Molusi and Another (32613/2020) [2021] ZAGPPHC 713 (4 August 2021)
The court found that service of the summons and section 129 notice at the domicilium address was valid, as the respondents had not provided written notice of any change in address as required by the home loan agreement and the National Credit Act. The alleged settlement agreement was not binding, as the respondents failed to comply with its suspensive conditions by not submitting the required documents. The constitutional safeguard argument was rejected, as the applicant complied with both statutory and contractual requirements, and no evidence was presented to show that the applicant knew of…
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Spar Group Limited v Moremart Superstore (Pty) Limited; In re: Moremart Superstore (Pty) Limited v Spar Group Limited (51934/2015) [2016] ZAGPPHC 599 (12 July 2016)
Rescission of a default judgment was granted where service went to an attorney’s former address and the claimed debt amount was genuinely disputed.
Lopes v Standard Bank of South Africa (69686/09) [2015] ZAGPPHC 1008 (19 August 2015)
The court found that the respondent had properly effected service at the applicant's chosen domicilium addresses, and that the applicant's account was in arrears at the time judgment was granted. The applicant failed to provide a satisfactory explanation for the delay in seeking rescission and did not demonstrate any procedural irregularity or error in the granting of the judgment. The alleged excessive charges were properly explained as accumulated interest, and the applicant did not establish a basis for rescission or recovery of those amounts. The application for rescission was dismissed a…
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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…
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Antoniou v Firstrand Bank Limited t/a FNB Private Clients, In Re; Firstrand Bank Limited t/a FNB Private Clients v Antoniou (40506/2011) [2014] ZAGPPHC 164 (4 April 2014)
The High Court dismissed an application to rescind default judgment on a mortgage debt, finding no sufficient cause, no bona fide defence, and acquiescence.
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