Masingita Masunga Media CC and Another v First Rand Bank Limited t/a Land Rover Financial Services, a Division of West Bank (32725/2016)
Masingita Masunga Media CC and Another v First Rand Bank Limited t/a Land Rover Financial Services, a Division of West Bank (32725/2016) [2019] ZAGPJHC 503 (9 December 2019)
The court found that the Applicants were not entitled to rescission of the judgment under Rule 42 or the common law, as the requirements for rescission were not met. However, the evidence established that the parties had entered into a reinstatement agreement in August 2017, as demonstrated by the Applicants' substantial payments, the Respondent's acceptance of those payments, and the Respondent's failure to enforce the judgment for 18 months. The Respondent's repossession of the vehicle in October 2018, without instituting fresh proceedings for breach of the reinstatement agreement, amounted…
Source excerpt
- Rescission Of Judgment
- Instalment Sale Agreement
- Variation And Reinstatement Of Contract
- Self Help
- Return Of Property