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South Africa decisions
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BMW Financial Services (South Africa) (Pty) Ltd v Gumede (4642/2024P) [2024] ZAKZPHC 95 (28 October 2024)
The High Court granted summary judgment for BMW Financial Services, confirming termination of the agreement and ordering return of the vehicle after no bona fide defence was shown.
Absa Bank Limited v Hembly (67598/2016) [2016] ZAGPPHC 1086 (14 December 2016)
The High Court granted summary judgment, cancelled an instalment agreement, and ordered repossession of a Mercedes-Benz after finding no bona fide defence.
First Rand Bank Ltd t/a Wesbank v Albertyn (6688/2010) [2011] ZAWCHC 136 (10 February 2011)
The court found that the plaintiff had complied with all statutory requirements for terminating the debt review process under section 86(10) of the National Credit Act. The defendant's application for debt review was only brought after the termination notice and service of summons, and thus did not preclude enforcement proceedings. The High Court confirmed it had no jurisdiction under section 86(11) to order resumption of debt review; such relief must be sought before the Magistrate's Court. The defendant was in default under the credit agreement, and the plaintiff was entitled to summary jud…
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