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South Africa decisions
Decisions matching the current search
BMW Financial Services South Africa (Pty) Ltd v Liebenberg (46375/2020) [2025] ZAGPPHC 619 (9 June 2025)
High Court judgment granting condonation and enforcing an instalment sale agreement, rejecting reckless lending and simulation defences.
Hlangu's 86 Trading Enterprises CC v Man Financial Services (Pty) Ltd t/a Man Financial Services (2022-015113) [2025] ZAGPPHC 90 (3 February 2025)
The High Court dismissed an application to uplift the bar, finding no good cause, no explanation for delay, and no defence to the claim.
Standard Bank of South Africa Limited v TNBH (Proprietary) Ltd and Another (2021-28819) [2024] ZAGPPHC 1347 (19 December 2024)
The High Court granted summary judgment over a disputed vehicle instalment sale and suretyship, finding the respondents’ denials were bald and unconvincing.
Johnson v Standard Bank of South Africa Limited (1442/2022) [2024] ZANWHC 237 (10 September 2024)
The court granted condonation and summary judgment, confirmed cancellation of the instalment sale agreement, ordered return of the vehicle, and allowed later damages proceedings.
Nedbank Limited v Luvhomba Communications & Information Technology CC and Others; Nedbank Limited v Mzantsi Restaurants CC and Others; Nedbank Limited v Luvhomba Legal Edge CC and Others (48411/2013, 48412/2013, 48413/2013) [2018] ZAGPPHC 701 (5 March 2018)
High Court default judgment for Nedbank on overdraft and instalment sale claims, with executable property and vehicle repossession orders; non-lawyer representation rejected.
Volkswagen Financial Services v Baley (3515/2017) [2017] ZAGPPHC 653 (5 October 2017)
The High Court granted summary judgment for Volkswagen Financial Services after finding the defendant failed to disclose a bona fide defence to the shortfall claim.
Standard Bank of South Africa Limited v Setheme (80992/2016) [2017] ZAGPPHC 156 (10 May 2017)
The High Court granted summary judgment for Standard Bank for R427,122.56 after finding no bona fide defence to the shortfall claim under an instalment sale agreement.
Standard Bank of South Africa v PAMSA Consulting (Pty) Ltd and Another (66611/2016) [2016] ZAGPPHC 558 (22 June 2016)
The court found that the defendants failed to raise any bona fide defence to the plaintiff's claim for summary judgment. The only defences raised were technical, relating to the alleged non-receipt of the section 129 notice and the applicability of the National Credit Act. The court held that the National Credit Act does not apply to the agreement in question because it qualifies as a large agreement with a principal debt exceeding R250,000. Even if a section 129 notice were required, the plaintiff had properly dispatched it to the defendants' chosen address. The defendants did not dispute th…
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First Rand Bank Limited T/A Wesbank v Mampa (50868/15) [2015] ZAGPPHC 897 (15 December 2015)
The High Court refused summary judgment where a bank sought return of a vehicle after the debtor’s death. The respondent had a bona fide defence based on estate authority and the agreement.
Standard Bank of South Africa Limited v Botes t/a JHLS Botes Vervoer (M85/15) [2015] ZANWHC 49 (3 September 2015)
The court confirmed cancellation of instalment sale agreements under the NCA and allowed repossession, holding that no second section 129 notice was required.
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