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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 734

GMSA Financial Services, A Product of Wesbank FirstRand Limited, A Division of FirstRand Bank v Richardson (2021/8946)

GMSA Financial Services, A Product of Wesbank FirstRand Limited, A Division of FirstRand Bank v Richardson (2021/8946) [2023] ZAGPJHC 734 (26 June 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2021/8946
Judge
Dlamini

The High Court granted summary judgment for the finance company, rejecting defences based on reckless lending and alleged failure to serve a section 129 notice.

  • Summary Judgment
  • National Credit Act Compliance
  • Reckless Lending
  • Section 129 Notice
  • Motor Vehicle Finance
  • Summary-judgment
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Civil Procedure [2022] ZAGPPHC 599

Absa Bank Limited v Sirovha (45290/21)

Absa Bank Limited v Sirovha (45290/21) [2022] ZAGPPHC 599 (15 August 2022)

Court
North Gauteng High Court, Pretoria
Case number
45290/21
Judge
Kooverjie

The High Court refused summary judgment after finding a bona fide defence that the defendant was not in possession of the financed vehicle and raised a triable issue.

  • Summary Judgment
  • Instalment Sale Agreement
  • Condonation
  • Defence On Merits
  • Motor Vehicle Finance
  • Summary-judgment
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Civil Procedure [2021] ZAKZPHC 69

Transsec (4) RF Ltd v Pillay (2847/2020P)

Transsec (4) RF Ltd v Pillay (2847/2020P) [2021] ZAKZPHC 69 (2 February 2021)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
2847/2020P
Judge
Mossop AJ

High Court summary judgment was granted to a vehicle finance cessionary. The court upheld cession, rejected force majeure and rectification defences, and ordered return of the vehicle.

  • Summary Judgment
  • Cession Of Rights
  • Motor Vehicle Finance
  • Contract Rectification
  • Force Majeure
  • Non Variation Clause
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Civil Procedure [2013] ZAGPJHC 167

Standard Bank of South Africa v Luus (2013/9165)

Standard Bank of South Africa v Luus (2013/9165) [2013] ZAGPJHC 167 (12 June 2013)

Court
South Gauteng High Court, Johannesburg
Case number
2013/9165
Judge
T.V. Ratshibvumo

The High Court dismissed summary judgment because the alleged contract needed rectification and the common mistake was disputed.

  • Summary Judgment
  • Contract Rectification
  • Common Mistake
  • Motor Vehicle Finance
  • Summary-judgment
  • Contract-rectification
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Commercial And Corporate [2011] ZASCA 206

Nazier Kolia t/a Nazco Motors v First Rand Bank Ltd Wesbank (357/08)

Nazier Kolia t/a Nazco Motors v First Rand Bank Ltd Wesbank (357/08) [2011] ZASCA 206 (25 November 2011)

Court
Supreme Court of Appeal
Case number
357/08
Judges
Harms, Cloete, Cachalia

The Supreme Court of Appeal held that by delivering vehicles and transfer documents to a dealer, the seller tacitly conferred the ius disponendi, defeating his reserved ownership claim.

  • Actio Ad Exhibendum
  • Estoppel
  • Ius Disponendi
  • Reservation Of Ownership
  • Motor Vehicle Finance
  • Ius-disponendi
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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.