South Africa Case Law

Caterpillar Financial Services South Africa (Pty) Ltd v MNTK Projects Proprietary Limited (Leave to Appeal) (1150/2024)

Caterpillar Financial Services South Africa (Pty) Ltd v MNTK Projects Proprietary Limited (Leave to Appeal) (1150/2024) [2025] ZALMPPHC 40 (11 March 2025)

Court

Limpopo High Court, Polokwane

Case number

1150/2024

Judge

M Bresler

The court found that the agreement was properly cancelled in accordance with its terms, which distinguished between payment default (allowing immediate termination) and other breaches. The applicant's arguments regarding the necessity of a demand prior to cancellation were rejected, as the contract expressly provided for immediate termination in the event of non-payment. The respondent's actions in cancelling the agreement and seeking repossession of the units were consistent with both the contract and applicable legal principles. The court further held that the requirements for Section 18(3)…

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• Contract Cancellation
• Repossession Of Property
• Urgent Application
• Section 18 Superior Courts Act
• Attorney And Client Costs

Executive Mobility Financial Solutions (Pty) Ltd v Phadima Phadima Group Holdings (Pty) Ltd and Another (2023-133096)

Executive Mobility Financial Solutions (Pty) Ltd v Phadima Phadima Group Holdings (Pty) Ltd and Another (2023-133096) [2024] ZAGPJHC 314 (22 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-133096

Judge

R Strydom

The High Court held that the rental agreement was validly terminated after repeated breach notices, and ordered return of the vehicle and costs.

• Rental Agreement Termination
• Contractual Breach
• Repossession Of Property
• Notice To Remedy Breach
• Costs Order
• Contractual-breach

Potpale Investments v Mokonyana (30374/2020)

Potpale Investments v Mokonyana (30374/2020) [2023] ZAGPJHC 881 (16 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

30374/2020

Judge

Crutchfield

The High Court granted summary judgment, confirming termination of the agreement and ordering return of a Mercedes-Benz Sprinter after rejecting a Covid-19 force majeure defence.

• Summary Judgment
• Force Majeure
• Contract Termination
• Repossession Of Property
• Summary-judgment
• Force-majeure

Transsec 2 (RF) Limited v Siyabonga (2020/3285)

Transsec 2 (RF) Limited v Siyabonga (2020/3285) [2022] ZAGPJHC 742 (5 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/3285

Judge

EF Dippenaar

The High Court granted interim relief ordering return of a financed vehicle to the Sheriff pending trial, finding a prima facie right, irreparable harm, and a favourable balance of convenience.

• Interim Interdict
• Credit Agreement
• Repossession Of Property
• Balance Of Convenience
• Interim-interdict
• Credit-agreement

MFC (A Division of Nedbank Limited) v Mkhwanazi and Others (15047/2020)

MFC (A Division of Nedbank Limited) v Mkhwanazi and Others (15047/2020) [2022] ZAGPJHC 203 (6 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

15047/2020

Judge

S Mahomed

The High Court confirmed cancellation of an instalment sale agreement after the debtor’s death and ordered return of the vehicle, holding section 129 of the NCA did not apply to the estate controller.

• Instalment Sale Agreement
• National Credit Act
• Consumer Definition
• Administration Of Estates Act
• Event Of Default
• Repossession Of Property

Standard Bank of SA Ltd v Christiaan Johan Coetzee (A 76/2010)

Standard Bank of SA Ltd v Christiaan Johan Coetzee (A 76/2010) [2010] ZAWCHC 216 (24 November 2010)

Court

Western Cape High Court, Cape Town

Case number

A 76/2010

Judges

Moosa, Jamie

The court held that the plaintiff had complied with section 129 of the National Credit Act by serving the notice via registered mail to the defendant's chosen address, in line with the Supreme Court of Appeal's decision in Rossouw v First Rand Bank Ltd. The risk of non-receipt was borne by the defendant. The court further found that summary judgment could be granted for termination of the credit agreement and return of the vehicle, but not for damages, as the statutory procedures for sale and valuation of the repossessed property had not yet been completed. Partial compliance with rule 14 was…

Source excerpt

• National Credit Act
• Summary Judgment
• Service Of Process
• Repossession Of Property