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South Africa decisions
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Zevoli 151 (Pty) Ltd v Retail Market Farm (Pty) Ltd and Others (2023/124486) [2025] ZAGPJHC 217 (6 March 2025)
The High Court granted summary judgment for unpaid rental and service charges, enforcing accelerated payment clauses and attorney-and-client costs.
Seartec Trading (Pty) Limited v Agni Steels SA (Pty) Limited (CA113/2024) [2025] ZAECMKHC 26 (4 March 2025)
The High Court held that Seartec proved a re-cession of the rental agreement and had locus standi, so the special plea failed.
Centrafin (Pty) Ltd v Mazibuko (14202/2020; 24795/2018) [2022] ZAGPPHC 261 (22 April 2022)
High Court judgment on a rental finance dispute and defamation claim. Centrafin succeeded on the contract claim; Dr Mazibuko’s defamation and CPA-based claims were dismissed.
SASFIN Bank Ltd & another v Motors Hoogland Bethlehem CC & others (3719/2020) [2021] ZAFSHC 144 (15 April 2021)
The court found that the rental and installation of equipment, such as CCTV and PABX systems, does not amount to rendering a security service under PSIRA or an electronic communications service under ECA. The agreements pertain solely to the leasing of equipment, not the provision of regulated services. The defendants had the benefit of the equipment for over two years and only raised the issue of regulatory compliance upon default. The particulars of claim are not vague or embarrassing, and the excipients are able to plead to them. The exceptions were dismissed as the defendants failed to de…
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Sasfin Bank Limited and Another v Ormende Primary School and Another (24908/2018) [2019] ZAGPJHC 335 (14 August 2019)
The court found that the respondents failed to establish a bona fide defence to the applicants' claim. The existence of the rental agreement was common cause, and both parties performed under its terms until the breach. The respondents did not provide evidence of differing terms or any fraudulent conduct regarding the debit order. The cession of rights did not require notification to the respondents, as stipulated in the agreement. The signing of annexures on different dates did not render the agreement invalid. The respondents' arguments were unsupported by collateral evidence or confirmator…
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Crucial Trade 149 (Pty) LTD t/a Meyers Vehicle Hire v The MEC, Department of Local Government And Traditional Affairs (35/14) [2018] ZAECBHC 11 (23 October 2018)
The High Court held the defendant liable for disputed vehicle hire charges, finding the rental period turned on possession under the contract, not the original order.
Standard Bank of South Africa Limited v Starpack Manufacturers and Distributors CC and Others (49834/2011) [2017] ZAGPPHC 857 (21 November 2017)
The High Court granted Standard Bank’s joinder application, adding Custom Capital (Pty) Limited as fourth defendant in a pending action arising from a rental and cession agreement.
Matsipe v SAI Group (Pty) Ltd (34618/17) [2017] ZAGPPHC 319 (2 June 2017)
Urgent spoliation application granted after the court found the respondent retained a vehicle without consent, amounting to self-help.
Mampeule v South African Securitisation Programme (RF) Ltd and Others (A5067/2015) [2017] ZAGPJHC 124 (22 February 2017)
The High Court held that a director remained personally liable for company rental finance charges contracted during his tenure, even after resignation.
Standard Bank of SA Limited v Chiwaka and Moore Transport CC and Others (69092/2013) [2015] ZAGPPHC 113 (20 February 2015)
The court granted interim relief ordering return and preservation of a CAT Skidsteer pending the main action, and held set-off and NCA arguments did not bar relief.
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