South Africa Case Law

Nedbank Limited v Moeletsi N.O and Another (17616-2022)

Nedbank Limited v Moeletsi N.O and Another (17616-2022) [2024] ZAGPJHC 759 (16 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

17616/2022

Judge

B. C Wanless

The applicant's cause of action is based on the rei vindicatio, as ownership of the motor vehicle remained with the applicant until all contractual obligations were fulfilled. The applicant did not seek payment but only repossession of the asset. The Administration of Estates Act does not deprive the applicant of its common law right to repossess property from a deceased estate. The claims procedure under the Act is not a bar to such relief. The applicant provided sufficient proof of service of the demand, and the respondent admitted receipt. The authority of the deponent was not properly cha…

Source excerpt

• Rei Vindicatio
• Instalment Sale Agreement
• Administration Of Deceased Estates
• Section 129 National Credit Act
• Authority Of Deponent
• Costs Attorney And Client

SB Guarantee Co (RF) (Pty) Limited v Lekoma and Others (2019/35574)

SB Guarantee Co (RF) (Pty) Limited v Lekoma and Others (2019/35574) [2024] ZAGPJHC 557 (13 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2019/35574

Judge

Adams

The court found that the defendants failed to provide an acceptable explanation for the late filing of their application for leave to appeal and did not demonstrate good cause for condonation. The defendants' grounds for appeal were either previously addressed or lacked merit, and the factual findings and legal conclusions reached by the court were not reasonably likely to be overturned by another court. The requirements of section 129 of the National Credit Act were met by the plaintiff, and the defendants' constitutional arguments regarding adequate housing did not alter the outcome. The th…

Source excerpt

• Leave To Appeal
• Condonation
• Default Judgment
• Rescission
• Section 129 National Credit Act
• Right To Housing

Bogopane v Toyota Financial Services (Pty) Ltd and Another (741/21)

Bogopane v Toyota Financial Services (Pty) Ltd and Another (741/21) [2024] ZANWHC 7 (16 January 2024)

Court

North West High Court, Mafikeng

Case number

741/21

Judge

Mfenyana

High Court dismissal of a rescission application arising from default judgment and execution of a vehicle delivery order.

• Rescission Of Judgment
• Rule 42 Uniform Rules
• Service Of Process
• Section 129 National Credit Act
• Rescission-of-judgment
• Rule-42

S.M.R v Nedbank Limited and Another (25017/2019)

S.M.R v Nedbank Limited and Another (25017/2019) [2023] ZAGPJHC 1159 (13 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

25017/2019

Judge

C J Mc Aslin

The High Court dismissed rescission and reinstatement relief, finding the applicant failed to prove payment of all overdue amounts and had not joined his former spouse.

• Rescission Of Judgment
• Credit Agreement Reinstatement
• Section 129 National Credit Act
• Default Judgment
• Joint And Several Liability
• Rescission-of-judgment

Standard Bank of South Africa v Infogold Investments CC and Others (25921/2017)

Standard Bank of South Africa v Infogold Investments CC and Others (25921/2017) [2023] ZAGPPHC 1202 (20 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

25921/2017

Judge

Mooki

The court found that the loan agreement is valid and binds the close corporation, as three of four members, holding a majority interest, signed and subsequently acted on the agreement. The absence of the fourth defendant's signature does not invalidate the agreement, nor does the lack of a signatory in the corporation's name, as the conduct of the parties confirmed acceptance and performance. The suretyship agreement is valid and binds the second to fifth defendants as co-principal debtors, jointly and severally liable. The plaintiff proved compliance with section 129 of the National Credit A…

Source excerpt

• Suretyship Liability
• Mortgage Bond Enforcement
• Section 129 National Credit Act
• Certificate Of Balance
• Close Corporation Authority
• Execution Against Immovable Property

ABSA Home Loans Guarantee Company (RF) (PTY) LTD v Gramoney and Another (24054/20)

ABSA Home Loans Guarantee Company (RF) (PTY) LTD v Gramoney and Another (24054/20) [2022] ZAGPJHC 629 (16 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

24054/20

Judge

M Olivier

A Rule 30 application failed because the section 129 National Credit Act complaint was substantive, not procedural, and the defendants had taken a further step.

• Rule 30 Irregular Proceedings
• Section 129 National Credit Act
• Proof Of Delivery
• Attorney And Client Costs
• Rule-30
• National-credit-act-section-129

Biyana v Nedbank Limited (46214/2018)

Biyana v Nedbank Limited (46214/2018) [2021] ZAGPPHC 628 (20 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

46214/2018

Judge

Tlhapi VV

The High Court dismissed an application to rescind summary judgment, holding that the defendant’s filing of opposing papers meant rescission was not the proper remedy.

• Rescission Of Judgment
• Summary Judgment
• Rule 42
• Rule 31
• Section 129 National Credit Act
• Rescission-of-judgment

Gopane and Another v Firstrand Bank Limited (49663/2009)

Gopane and Another v Firstrand Bank Limited (49663/2009) [2020] ZAGPJHC 321 (8 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

49663/2009

Judge

H M Vally

The High Court dismissed an application for leave to appeal, finding the applicants repeated earlier arguments rather than showing prospects of success under section 17(1).

• Leave To Appeal
• Section 129 National Credit Act
• Service Of Summons
• Debt Settlement
• Constitutional Validity Of Executable Orders
• Leave-to-appeal

Madikane v Nedbank Limited and Others (19754/08)

Madikane v Nedbank Limited and Others (19754/08) [2018] ZAGPPHC 686 (14 September 2018)

Court

North Gauteng High Court, Pretoria

Case number

19754/08

Judge

Erasmus

Rescission application dismissed after the court found inordinate delay, no credible explanation for default, and no bona fide defence.

• Rescission Of Judgment
• Condonation
• Sale In Execution
• Section 129 National Credit Act
• Judicial Oversight
• Default Judgment

Simelane v Land and Agricultural Development Bank of South Africa t/a Landbank; In re: Land and Agricultural Development Bank of South Africa t/a Landbank v Simelane (50247/09)

Simelane v Land and Agricultural Development Bank of South Africa t/a Landbank; In re: Land and Agricultural Development Bank of South Africa t/a Landbank v Simelane (50247/09) [2017] ZAGPPHC 409 (9 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

50247/09

Judge

Hughes

The High Court dismissed a late rescission application and condonation request, finding the applicant failed to give a bona fide explanation for a five-to-six-year delay.

• Rescission Of Judgment
• Condonation
• Default Judgment
• Section 129 National Credit Act
• Debt Review
• Service Of Process