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South Africa decisions
Decisions matching the current search
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.
Fas Agro (Pty) Ltd and Others v WesBank, A Division of FirstRand Bank Limited (22/6757) [2023] ZAGPJHC 491 (8 May 2023)
The court found that the applicants failed to present admissible evidence of a bona fide defence to the respondent's claim for return of the vehicle. The applicants' assertion that payments were up to date was speculative and unsupported. The National Credit Act was not applicable to the agreement due to the exemption for large agreements with corporate entities, and thus no defence arose from non-compliance with sections 129 and 130. Service of summons was valid at the chosen domicilium citandi. However, the default judgment was improperly granted against the second and third applicants for…
Source excerpt
Firstrand Bank Limited trading as Wesbank v Madinga Architechtural Services (Pty) Ltd and Another (63958/2019) [2022] ZAGPPHC 992 (14 September 2022)
The High Court held that an instalment sale agreement was a large agreement outside the National Credit Act and granted summary judgment for cancellation, repossession, damages, and costs.
Mlanjana Trading CC and Others v Nedbank Limited; In re: Nedbank Limited v Mlanjana Trading CC and Others (49/2017) [2017] ZAFSHC 177 (28 September 2017)
The court dismissed a rescission application, holding the applicants failed to show good cause or a bona fide defence because the National Credit Act did not apply.
Qualita Seeds (Pty) Ltd v FS Peanuts Bk and Another (4080/2016) [2017] ZAFSHC 13 (9 February 2017)
The High Court granted summary judgment on a written acknowledgement of debt, rejecting defences based on the National Credit Act, fraud, and alleged non-delivery.
African Dawn Property Transfer Finance 1 (Pty) Ltd v Caronet Properties (Pty) Ltd and Another (16892/2008) [2010] ZAWCHC 16 (15 February 2010)
The High Court enforced a loan and suretyship, holding the transaction was with a juristic person and excluded from the National Credit Act.
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