South Africa Case Law

Hlabang Trading Enterprise (Pty) Ltd v Caterpillar Financial Services (Pty) Ltd and Others (2025/115482)

Hlabang Trading Enterprise (Pty) Ltd v Caterpillar Financial Services (Pty) Ltd and Others (2025/115482) [2025] ZAGPJHC 761 (3 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/115482

Judge

Snyckers

The High Court set aside an ex parte repossession order after finding Catfin relied on generic, unparticularised allegations and failed to justify dispensing with notice.

• Ex Parte Applications
• Material Non Disclosure
• Mandament Van Spolie
• Repossession Of Goods
• Urgent Interdict
• Attorney Client Costs

Technologies Acceptances Receivables (Pty) Limited and Others v Selebogo Incorporated and Another (2022/001657)

Technologies Acceptances Receivables (Pty) Limited and Others v Selebogo Incorporated and Another (2022/001657) [2025] ZAGPJHC 491 (21 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/001657

Judge

L Putter

The High Court refused summary judgment in a dispute over rental agreements for office equipment, finding the cancellation and repossession issues should go to trial.

• Summary Judgment
• Rental Agreements
• Termination Of Contract
• Repossession Of Goods
• Summary-judgment
• Rental-agreements

Caterpillar Financial Services South Africa (Pty) Ltd v Moisa Group (Pty) Ltd (013053/2024)

Caterpillar Financial Services South Africa (Pty) Ltd v Moisa Group (Pty) Ltd (013053/2024) [2025] ZAGPPHC 436 (2 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

013053/2024

A credit provider obtained repossession of machinery and payment of the outstanding balance after proving default and compliance with National Credit Act notice requirements.

• Credit Agreement Enforcement
• Repossession Of Goods
• Default Judgment
• Credit-agreement-enforcement
• Repossession-of-goods
• Default-judgment

Standard Bank of South Africa Ltd v Tafeni (835/2023)

Standard Bank of South Africa Ltd v Tafeni (835/2023) [2024] ZAECBHC 30 (30 August 2024)

Court

Eastern Cape High Court, Bhisho

Case number

835/2023

Judge

B.B. Brody

An unopposed default judgment application. The court found no valid defence, cancelled the agreement, ordered return of a vehicle, and awarded costs.

• Default Judgment
• Credit Agreement Enforcement
• Repossession Of Goods
• Arrear Payments
• Default-judgment
• Credit-agreement-enforcement

Prop. Vincemus Investments (Pty) Ltd t/a Kempston Finance v Martinson (15257/2022P)

Prop. Vincemus Investments (Pty) Ltd t/a Kempston Finance v Martinson (15257/2022P) [2024] ZAKZPHC 35 (13 February 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

15257/2022P

Judge

P C Bezuidenhout

The court held that the applicant failed to comply with the procedural requirements of the National Credit Act and the principles established in the Davel case. Specifically, the applicant did not provide the respondent with valuations of the repossessed goods, details of the sale process, or an opportunity to challenge the sale price. The certificate of balance alone was deemed insufficient to establish the amount owing. The court found that both parties must be afforded procedural fairness and transparency, and that the consumer's rights to challenge valuations and sale prices must be prote…

Source excerpt

• National Credit Act
• Repossession Of Goods
• Damages After Repossession
• Certificate Of Balance
• Consumer Protection

First Rand Bank Limited t/a Westbank v van Rensburg N.O (3795/2022)

First Rand Bank Limited t/a Westbank v van Rensburg N.O (3795/2022) [2023] ZAFSHC 194 (22 May 2023)

Court

Free State High Court, Bloemfontein

Case number

3795/2022

Judge

Jonase

Summary judgment was granted for the bank in an instalment-sale dispute after the defendant executrix failed to show a bona fide defence to repossession or payment.

• Summary Judgment
• Instalment Sale Agreement
• Repossession Of Goods
• Administration Of Deceased Estates
• Breach Of Contract
• Summary-judgment

Firstrand Bank Limited trading as Wesbank v Madinga Architechtural Services (Pty) Ltd and Another (63958/2019)

Firstrand Bank Limited trading as Wesbank v Madinga Architechtural Services (Pty) Ltd and Another (63958/2019) [2022] ZAGPPHC 992 (14 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

63958/2019

Judge

N Janse Van Nieuwenhuizen

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.

• National Credit Act Exemption
• Summary Judgment
• Suretyship Liability
• Repossession Of Goods
• National-credit-act
• Summary-judgment

Mercedes-Benz Financial Services v M Magome Incorporated (55323/20)

Mercedes-Benz Financial Services v M Magome Incorporated (55323/20) [2022] ZAGPPHC 26 (28 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

55323/20

Judge

AC Basson

The High Court granted summary judgment confirming cancellation of an instalment sale agreement and ordering return of a Mercedes-Benz vehicle.

• Instalment Sale Agreement
• Summary Judgment
• Contract Cancellation
• Repossession Of Goods
• Summary-judgment
• Instalment-sale-agreement

BMW Financial Services (South Africa) (Pty) Ltd v Moosa (24607/2019)

BMW Financial Services (South Africa) (Pty) Ltd v Moosa (24607/2019) [2020] ZAGPPHC 552 (23 April 2020)

Court

North Gauteng High Court, Pretoria

Case number

24607/2019

Judge

P D Phahlane

The High Court granted summary judgment, confirmed cancellation of a vehicle instalment sale agreement, ordered return of the BMW, and allowed a later claim for the balance.

• Instalment Sale Agreement
• Summary Judgment
• National Credit Act Compliance
• Debt Review Termination
• Repossession Of Goods
• Summary-judgment

FirstRand Bank Limited t/a Wesbank v Davel (1229/2018)

FirstRand Bank Limited t/a Wesbank v Davel (1229/2018) [2019] ZASCA 168; [2020] 1 All SA 303 (SCA) (29 November 2019)

Court

Supreme Court of Appeal

Case number

1229/2018

Judges

Navsa, Swain, Zondi, Mokgohloa, Gorven

The SCA corrected a repossession order under the National Credit Act, holding that post-sale consumer protections and dispute mechanisms already govern the process.

• Repossession Of Goods
• National Credit Act
• Summary Judgment
• Consumer Protection
• Damages Postponement
• National-credit-act