South Africa Case Law

Nedbank Limited v Lotter (50216/13)

Nedbank Limited v Lotter (50216/13) [2014] ZAGPPHC 795 (16 September 2014)

Court

North Gauteng High Court, Pretoria

Case number

50216/13

Judge

Mabuse

The court found that the applicant had complied with the requirements of section 129 of the National Credit Act by sending the notice via registered mail to the respondent's nominated address, with sufficient evidence of delivery. However, the respondent's marriage was in community of property due to the absence of a registered antenuptial contract, and the loan agreement and mortgage bond were concluded without the written consent of her husband, contrary to section 15(2)(f) of the Matrimonial Property Act. The court held that these issues required further ventilation by way of oral evidence…

Source excerpt

• Mortgage Bond Enforcement
• National Credit Act Compliance
• Matrimonial Property Act
• Notice In Terms Of Section 129
• Registered Mail Delivery
• Marital Status Effect On Transactions

Standard Bank of SA Limited v Ngcobo (57807/2013)

Standard Bank of SA Limited v Ngcobo (57807/2013) [2014] ZAGPPHC 431 (26 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

57807/2013

Judge

N.M. Mavundla

High Court summary judgment was granted to Standard Bank in an instalment sale dispute, with cancellation confirmed and the vehicle ordered returned.

• National Credit Act
• Summary Judgment
• Instalment Sale Agreement
• Arrears
• Notice In Terms Of Section 129
• Summary-judgment

BMW Financial Services (South Africa) (Pty) Ltd v Khan (15924/2012)

BMW Financial Services (South Africa) (Pty) Ltd v Khan (15924/2012) [2012] ZAWCHC 357 (16 November 2012)

Court

Western Cape High Court, Cape Town

Case number

15924/2012

Judge

A.G. Binns-Ward

The High Court granted summary judgment for return of a BMW vehicle after finding compliance with the National Credit Act and no bona fide defence.

• National Credit Act
• Summary Judgment
• Credit Agreement Enforcement
• Notice In Terms Of Section 129
• Registration Of Credit Provider
• Summary-judgment