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South Africa decisions
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Transflow RF (Pty) Limited v Nonyembezi (2023/042622) [2024] ZAGPJHC 937 (18 September 2024)
The High Court granted summary judgment confirming cancellation of an instalment sale agreement and ordering return of a financed vehicle, with costs and related expenses.
Bridge Taxi Finance GJ (Pty) Ltd v Shabangu (036642/2023) [2024] ZAGPJHC 681 (22 July 2024)
The High Court confirmed a rule nisi for repossession of a financed minibus after finding no material non-disclosure in the ex parte application.
Bridge Taxi Finance GJ (Pty) Ltd v Tswabole (38327/2019) [2020] ZAGPJHC 436 (28 August 2020)
The applicant established a prima facie right to the return of the vehicle by demonstrating breach of the credit agreement and proper cancellation communicated via service of summons. The applicant complied with section 86(10) of the National Credit Act by sending notice of debt review termination, and no section 129 notice was required as the respondent had already initiated debt review. The respondent's claims regarding non-receipt of notice, incorrect calculation of arrears, and maintenance of the vehicle were found to lack merit. The risk of deterioration and stripping of the vehicle due…
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Nedbank Ltd v Jaars (9182/11) [2012] ZAWCHC 270 (4 June 2012)
Summary judgment was granted for Nedbank, confirming termination of debt review and ordering return of a financed vehicle.
SA Taxi Securitisation (Pty) Ltd v Sima (49779/2010) [2011] ZAGPJHC 111 (13 September 2011)
The court found that the applicant had complied with both statutory and contractual requirements for cancellation of the credit agreement and termination of debt review. The applicant gave proper notice in terms of section 86(10) of the National Credit Act by sending registered mail to the respondent's chosen address, and actual receipt was not required. The respondent's points in limine were dismissed as unsubstantiated and lacking merit. The application itself constituted a formal election to cancel the agreement, and the applicant was entitled to repossess the vehicle and seek further reli…
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