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South Africa Case Law

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Civil Procedure [2017] ZAECBHC 18

Sakata v Bayport Securitisation (Pty) Ltd, Sakata v Bayport Securitisation (Pty) Ltd (CA134/2017, CA135/2017)

Sakata v Bayport Securitisation (Pty) Ltd, Sakata v Bayport Securitisation (Pty) Ltd (CA134/2017, CA135/2017) [2017] ZAECBHC 18 (16 November 2017)

Court
Eastern Cape High Court, Bhisho
Case number
CA134/2017, CA135/2017
Judges
Rugunanan, Shartle

The High Court found that the magistrate erred in upholding the respondent's point in limine and dismissing the rescission application. The appellant was not properly notified of the judgment by registered mail as required by section 58(2) of the Magistrates' Courts Act, and there was no proof of postage. The written consent to judgment was not informed, as the appellant was not made aware of the respondent's cause of action. The supporting affidavit for the request for judgment was deficient, lacking proper quantification of the debt and failing to lodge the original credit agreement. The ju…

Source excerpt

  • Magistrates Court Rescission
  • Consent To Judgment
  • National Credit Act Compliance
  • Default Judgment
  • Proof Of Service
  • Good Cause For Rescission
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Civil Procedure [2011] ZAECGHC 11

SA Taxi Securitisation (Pty) Ltd v Mongezi Moni and Others (CA 265/10, CA 266/10, CA 267/10)

SA Taxi Securitisation (Pty) Ltd v Mongezi Moni and Others (CA 265/10, CA 266/10, CA 267/10) [2011] ZAECGHC 11 (28 April 2011)

Court
Eastern Cape High Court, Grahamstown
Case number
CA 265/10, CA 266/10, CA 267/10
Judges
E Revelas, G Goosen

The appeal succeeded because the magistrate acted ultra vires in reducing the interest rates stipulated in the lease agreements, which is not permitted under section 86(7)(c)(ii)(aa) of the National Credit Act. The magistrate also erred in finding that service of the debt review applications was properly effected by sheriff when, in fact, it was by fax without the appellant's consent. While defective service alone did not constitute a substantial defence, the appellant was entitled to rescission and its day in court to dispute over-indebtedness and the debt restructuring proposals. The respon…

Source excerpt

  • Magistrates Court Rescission
  • National Credit Act
  • Debt Review Process
  • Service Of Process
  • Interest Rate Reduction
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.