South Africa Case Law

Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036)

Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036) [2025] ZAGPJHC 664 (8 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/012036

Judge

T Engelbrecht

The court found that the applicant and first respondent entered into seven instalment sale agreements, which the first respondent breached by failing to make payments. The respondent’s defence that the applicant’s omission of VAT numbers and addresses caused SARS to reject VAT claims, thereby making performance impossible, was rejected. The agreements did not make payment conditional on VAT refunds, and the respondent was responsible for ensuring correct information was included. The court held that any impossibility was subjective and self-created, not objective. Payments were made for a sub…

Source excerpt

• Instalment Sale Agreements
• Contract Cancellation
• Specific Performance
• Duty Of Care
• Dispute Of Fact

Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036)

Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036) [2025] ZAGPJHC 504 (26 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/012036

Judge

Engelbrecht

The court found that the Applicant and First Respondent entered into seven instalment sale agreements, which the First Respondent breached by failing to make payments. The Respondent’s defence, based on alleged omissions of VAT numbers and addresses by the Applicant, was rejected. The agreements did not contain terms making payment contingent on VAT refunds, nor did they require the Applicant to ensure VAT compliance for the Respondent’s benefit. The Respondent was responsible for ensuring its own VAT information was correctly included. The court held that any impossibility to perform was sub…

Source excerpt

• Instalment Sale Agreements
• Contract Cancellation
• Vat Refund Dispute
• Duty Of Care
• Condonation
• Summary Judgment

Standard Bank of South Africa Limited v Symes and Another (6037/2023)

Standard Bank of South Africa Limited v Symes and Another (6037/2023) [2025] ZAFSHC 78 (28 February 2025)

Court

Free State High Court, Bloemfontein

Case number

6037/2023

Judge

Naidoo

The High Court held that the bank had cancelled the finance agreements before liquidation, retained ownership of the excavators, and was entitled to sale and rental proceeds.

• Ownership Of Assets
• Instalment Sale Agreements
• Liquidation Proceedings
• Proof Of Claim
• Waiver Of Rights
• Ownership-of-assets

Nelson Logistics CC and Another v Freightliner Finance and Insurance a Division of Mercedes-Benz Financial Services South Africa (Pty) Ltd (50025/2019)

Nelson Logistics CC and Another v Freightliner Finance and Insurance a Division of Mercedes-Benz Financial Services South Africa (Pty) Ltd (50025/2019) [2022] ZAGPPHC 988 (15 December 2022)

Court

North Gauteng High Court, Pretoria

Case number

50025/2019

Judge

N Davis

Rescission of a default judgment was refused where service was held sufficient, no reasonable default explanation was given, and no bona fide defence was shown.

• Rescission Of Judgment
• Service Of Process
• Instalment Sale Agreements
• Suretyship
• Default Judgment
• Rescission-of-judgment

Dynlog Rental (Pty) Ltd and Others v First Rand Bank t/a Wesbank (A185/2019)

Dynlog Rental (Pty) Ltd and Others v First Rand Bank t/a Wesbank (A185/2019) [2021] ZAFSHC 324 (3 December 2021)

Court

Free State High Court, Bloemfontein

Case number

A185/2019

Judges

Musi, Mbhele, Molitsoane

The High Court upheld an appeal against refusal of a postponement in summary judgment proceedings, set aside the order, and granted the postponement.

• Postponement Of Proceedings
• Summary Judgment
• Suretyship
• Instalment Sale Agreements
• Postponement-of-proceedings
• Summary-judgment

Standard Bank of South Africa Limited: Vehicle & Asset Finance Division v Jawiklane (Pty) Ltd (A137/2019)

Standard Bank of South Africa Limited: Vehicle & Asset Finance Division v Jawiklane (Pty) Ltd (A137/2019) [2021] ZAGPPHC 843 (2 December 2021)

Court

North Gauteng High Court, Pretoria

Case number

A137/2019

Judges

R G Tolmay, A P Ledwaba, M P Motha

High Court appeal confirming cancellation of seven instalment sale agreements after breach notices were served and the respondent failed to cure default.

• Instalment Sale Agreements
• Cancellation Of Contract
• Mora
• Return Of Goods
• Notice Of Demand
• Instalment-sale-agreements

Standard Bank of South Africa Limited and Another v Five Strand Media (Pty) Ltd and Others (745/2020)

Standard Bank of South Africa Limited and Another v Five Strand Media (Pty) Ltd and Others (745/2020) [2020] ZAECPEHC 33 (7 September 2020)

Court

Eastern Cape High Court, Port Elizabeth

Case number

745/2020

Judge

O H Ronaasen

Summary judgment was granted on multiple banking and finance claims after the defendants failed to disclose a bona fide defence under amended Rule 32.

• Summary Judgment
• Instalment Sale Agreements
• Guarantees
• Contract Breach
• National Credit Act
• Interest On Debt

Standard Bank of South Africa Ltd v Scholtz and Other (40748/2017)

Standard Bank of South Africa Ltd v Scholtz and Other (40748/2017) [2019] ZAGPJHC 374 (6 September 2019)

Court

South Gauteng High Court, Johannesburg

Case number

40748/2017

Judge

FHD Van Oosten

The High Court upheld an exception to a bank’s pleading because it failed to allege the market value of repossessed vehicles at cancellation, defeating the claim for amounts due.

• Exception Procedure
• Suretyship Liability
• Instalment Sale Agreements
• Pleading Requirements
• Exception-procedure
• Pleading-requirements

Amardien and Others v Registrar of Deeds and Others (CCT212/17)

Amardien and Others v Registrar of Deeds and Others (CCT212/17) [2018] ZACC 47; 2019 (2) BCLR 193 (CC); 2019 (3) SA 341 (CC) (28 November 2018)

Court

Constitutional Court

Case number

CCT212/17

Judges

Mhlantla, Mogoeng, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Petse, Theron

The Constitutional Court held that the applicants were not obliged to make payment under the instalment sale agreements until the agreements were recorded, as required by the Alienation of Land Act. The seller's failure to record the agreements timeously meant that the applicants could not be in default prior to recordal. The section 129 NCA notices issued by the seller were premature and invalid as they did not comply with the statutory requirements, including proper notification of recordal and specification of arrears. The cancellation of the agreements and their recordals was therefore un…

Source excerpt

• Alienation Of Land Act
• National Credit Act
• Section 26 Right To Housing
• Statutory Interpretation
• Notice Of Default
• Instalment Sale Agreements

Standard Bank of South Africa v A-Team Africa Trading CC (4417/15)

Standard Bank of South Africa v A-Team Africa Trading CC (4417/15) [2015] ZAKZPHC 43 (2 September 2015)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4417/15

Judge

Moodley

The court found that the applicant had complied with the contractual requirements for cancellation by giving the respondent clear and unequivocal notice of default and an opportunity to remedy the breach. The respondent's attorney's letter acknowledged receipt of the notice, and the respondent, as a businessman familiar with the agreements, could not credibly claim lack of understanding. The notice was sufficiently clear, specifying the agreements, the arrears, and the consequences of non-payment. Service at the domicilium was not essential where actual receipt was proven. The applicant was t…

Source excerpt

• Instalment Sale Agreements
• Lex Commissoria
• Mora Notice
• Contract Cancellation
• Service Of Notice