South Africa Case Law

ABSA Bank Limited v Ntlonze (1415/2024)

ABSA Bank Limited v Ntlonze (1415/2024) [2024] ZAECMKHC 132 (3 September 2024)

Court

Eastern Cape High Court, Makhanda

Case number

1415/2024

Judge

NJ Mullins

The court held that the defendant's inability to earn income due to the Covid-19 lockdown did not amount to supervening impossibility of performance. The test is objective, and mere economic hardship or loss of profitability does not excuse contractual obligations. The contract was silent on force majeure, so common law applied. The defendant remained in substantial arrears beyond the lockdown period and failed to tender return of the vehicle, which is fatal to his defence. The plaintiff established entitlement to summary judgment, as the defendant's arguments did not raise a triable issue.

Source excerpt

• Credit Agreement Breach
• Supervening Impossibility
• Summary Judgment
• Force Majeure
• Covid 19 Lockdown
• Return Of Goods

Man Financial Services SA (Pty) Ltd t/a Man Financial Services v Segaole Trucking and Transport (Pty) Ltd and Others (39/2023)

Man Financial Services SA (Pty) Ltd t/a Man Financial Services v Segaole Trucking and Transport (Pty) Ltd and Others (39/2023) [2024] ZANWHC 187 (11 July 2024)

Court

North West High Court, Mafikeng

Case number

39/2023

Judge

J T Djaje

Summary judgment was granted confirming cancellation of an instalment sale agreement, ordering return of listed vehicles and trailers, and awarding costs.

• Summary Judgment
• Instalment Sale Agreement
• Suretyship
• Return Of Goods
• Security For Judgment
• Summary-judgment

Standard Bank of South Africa Limited: Vehicle & Asset Finance Division v Jawiklane (Pty) Ltd (A137/2019)

Standard Bank of South Africa Limited: Vehicle & Asset Finance Division v Jawiklane (Pty) Ltd (A137/2019) [2021] ZAGPPHC 843 (2 December 2021)

Court

North Gauteng High Court, Pretoria

Case number

A137/2019

Judges

R G Tolmay, A P Ledwaba, M P Motha

High Court appeal confirming cancellation of seven instalment sale agreements after breach notices were served and the respondent failed to cure default.

• Instalment Sale Agreements
• Cancellation Of Contract
• Mora
• Return Of Goods
• Notice Of Demand
• Instalment-sale-agreements

Standard Bank of South Africa Limited v Lusolink International Export (Pty) Ltd and Another (33589/19)

Standard Bank of South Africa Limited v Lusolink International Export (Pty) Ltd and Another (33589/19) [2021] ZAGPJHC 389 (4 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

33589/19

Judge

Yacoob

The court found that the applicant had complied with all contractual requirements for notification of default and cancellation by sending notices to the addresses and email provided by the first respondent. The respondents failed to provide evidence of non-receipt or incorrect addresses and did not substantiate their claim regarding market value. The court held that the value of the vehicles is irrelevant at this stage, as the relief sought is for their return, not damages. The contracts allow for liquid claims and motion proceedings are appropriate. The applicant proved its case for cancella…

Source excerpt

• Instalment Sale Agreement
• Contract Cancellation
• Return Of Goods
• Default Notice Requirements
• Motion Vs Action Proceedings

Uni-Span Formwork and Scaffolding (Pty) Ltd v Ethekwini Scaffolding (Pty) Ltd (1081/2018)

Uni-Span Formwork and Scaffolding (Pty) Ltd v Ethekwini Scaffolding (Pty) Ltd (1081/2018) [2019] ZAKZDHC 27 (11 November 2019)

Court

Kwazulu-Natal High Court, Durban

Case number

1081/2018

Judge

Bezuidenhout

The High Court referred a goods-return dispute to trial after finding a genuine factual dispute about whether the respondent still possessed the items.

• Rei Vindicatio
• Burden Of Proof
• Dispute Of Fact
• Return Of Goods
• Rei-vindicatio
• Dispute-of-fact

Layher (Pty) Ltd v Siyakhona Scaffolding (Pty) Ltd (6642/2015)

Layher (Pty) Ltd v Siyakhona Scaffolding (Pty) Ltd (6642/2015) [2015] ZAGPPHC 175 (13 April 2015)

Court

North Gauteng High Court, Pretoria

Case number

6642/2015

Judge

TM Makgoka

High Court summary judgment case where the defendant raised a bona fide defence based on returned goods and documentary evidence, so leave to defend was granted.

• Summary Judgment
• Lease Agreement
• Return Of Goods
• Damages For Non Return
• Jurisdiction
• Liquidated Vs Unliquidated Claim

Layher (Pty) Ltd v Siyakhona Scaffolding (Pty) Ltd (6642/2015)

Layher (Pty) Ltd v Siyakhona Scaffolding (Pty) Ltd (6642/2015) [2015] ZAGPPHC 177 (13 April 2015)

Court

North Gauteng High Court, Pretoria

Case number

6642/2015

Judge

TM Makgoka

The High Court refused summary judgment, finding the defendant had disclosed a bona fide defence based on documents suggesting the goods were returned.

• Summary Judgment
• Lease Agreement
• Return Of Goods
• Bona Fide Defence
• Summary-judgment
• Bona-fide-defence

SA Taxi Securitasation (Pty) Ltd v Campher (5081/2009)

SA Taxi Securitasation (Pty) Ltd v Campher (5081/2009) [2012] ZAECGHC 9 (24 February 2012)

Court

Eastern Cape High Court, Grahamstown

Case number

5081/2009

Judge

GG Goosen

The court found that the plaintiff had complied with all procedural requirements for summary judgment, including proper delivery of the section 129 notice as required by the National Credit Act. The defendant's argument regarding premature summons was rejected, as the statutory period had elapsed before service. The court held that actual receipt of the notice was not required, and the risk of non-receipt lay with the consumer. Defences based on over-indebtedness and reckless credit were dismissed, as they do not constitute valid defences to a claim for return of goods where ownership remains…

Source excerpt

• National Credit Act
• Summary Judgment
• Reckless Credit
• Over Indebtedness
• Delivery Of Notice
• Return Of Goods

Mercedes Benz Financial Services South Africa (Pty) Ltd v Reddy (19311/2009)

Mercedes Benz Financial Services South Africa (Pty) Ltd v Reddy (19311/2009) [2009] ZAGPPHC 146 (19 November 2009)

Court

North Gauteng High Court, Pretoria

Case number

19311/2009

Judge

B.R. Southwood

The High Court granted summary judgment for return of a vehicle under an instalment sale agreement, finding no bona fide defence and refusing condonation.

• Summary Judgment
• Instalment Sale Agreement
• Condonation
• Return Of Goods
• Summary-judgment
• Instalment-sale-agreement