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South Africa decisions
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Firstrand Bank Limited t/a Wesbank and Suzuki Mobility Finance v Farrar (19950/2022) [2023] ZAGPJHC 954 (25 August 2023)
Summary judgment was granted on an electronic instalment sale dispute after the court found no bona fide defence to the vehicle finance claim.
3TA Services (Pty) Ltd and Another v Firstrand Bank Ltd t/a Wesbank (Appeal) (A32/2022 ; 69551/18) [2023] ZAGPPHC 2070 (24 August 2023)
Appeal in a rescission matter dismissed as moot after the repossession goods could not be found, making the default judgment’s return order unenforceable.
FirstRand Bank Limited t/a Wesbank v Govendor (2021/ 25131) [2023] ZAGPJHC 610 (1 June 2023)
High Court found a valid electronic credit agreement, admitted a call-centre recording under RICA, and ordered return of the financed BMW.
Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others (16262/2019) [2021] ZAWCHC 133; [2021] 4 All SA 219 (WCC); 2022 (2) SA 237 (WCC) (21 July 2021)
High Court certification of an opt-out class action over alleged online loan and legal-services scam, with interim relief, notification orders, and a refused joinder application.
EM & S Property Development t/a EM & S Property Development v Toyota Financial Services Ltd (598581/2015; 59582/2015; 59583/2015; 59565/2015) [2017] ZAGPPHC 449 (28 March 2017)
The court found that the technical errors raised by the applicant, including the citation of the defendant and the reference to the representative, were either typographical or misnomers and did not prejudice the defendant or affect the substance of the claim. The unsigned agreement was held to be valid under the Electronic Communications and Transactions Act and relevant case law, as the parties transacted electronically and the defendant took possession of the vehicles. The payment schedule was not material to the claim. The court concluded that no irregularity or error existed in the proce…
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