South Africa Case Law

ABSA Bank v Farrar (94759/2015)

ABSA Bank v Farrar (94759/2015) [2023] ZAGPPHC 1123 (30 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

94759/2015

Judge

N P Mngqibisa-Thusi

The court found that the applicant retained ownership of the motor vehicle under the instalment sale agreement until the last instalment was paid. The respondent failed to avail herself of the remedies in the section 129 notice, resulting in cancellation of the agreement. The applicant's claim is for vindication of a real right, not a personal debt, and thus the prescription period is 30 years, not three years. The respondent's argument that she acquired ownership by prescription after three years was rejected, as the law provides for a 30-year period for acquisitive prescription of real righ…

Source excerpt

• Instalment Sale Agreement
• Prescription Act
• National Credit Act
• Vindicatory Action
• Summary Judgment
• Repossession

ABSA Bank Limited v Phiri N.O. and Others (3881/2022)

ABSA Bank Limited v Phiri N.O. and Others (3881/2022) [2022] ZAFSHC 365 (28 October 2022)

Court

Free State High Court, Bloemfontein

Case number

3881/2022

Judge

L LE R POHL

The court granted ABSA interim relief for 43 financed movable assets still unpaid, pending declaratory proceedings, and rejected urgency, jurisdiction, and joinder objections.

• Business Rescue
• Ownership Of Movable Property
• Interim Interdict
• Companies Act Section 133
• Vindicatory Action
• Business-rescue

Commcarco Investments (Pty) Ltd v Mercedes-Benz Financial Services South Africa (Pty) Ltd (52455/2012)

Commcarco Investments (Pty) Ltd v Mercedes-Benz Financial Services South Africa (Pty) Ltd (52455/2012) [2013] ZAGPPHC 296 (17 October 2013)

Court

North Gauteng High Court, Pretoria

Case number

52455/2012

Judge

BAQWA

The High Court dismissed an application to rescind an interlocutory order for return of a financed vehicle, finding the respondent was entitled to vindicatory interim relief.

• Rescission Of Judgment
• Interim Interdict
• Instalment Sale Agreement
• Vindicatory Action
• Rescission-of-judgment
• Interim-interdict

Strydom and Another v Liebenberg (293/06)

Strydom and Another v Liebenberg (293/06) [2007] ZASCA 117; [2007] SCA 117 (RSA) (25 September 2007)

Court

Supreme Court of Appeal

Case number

293/06

Judges

Scott, Cachalia, Kgomo

The court held that the plaintiff retained ownership of the game on the properties, but could not recover its value because it could not be apportioned between defendants.

• Vindicatory Action
• Ownership Of Game
• Delivery Of Property
• Apportionment Of Value
• Vindicatory-action
• Ownership-of-game