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South Africa: North Gauteng High Court, Pretoria
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[2025] ZAGPPHC 991
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FFS Finance v Net Wealth (079521/2024) [2025] ZAGPPHC 991 (9 September 2025)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE
NO
: 079521/2024
DATE
: 25-08-2025
(1) REPORTABLE:
YES /
NO
.
(2) OF INTEREST TO
OTHER JUDGES: YES /
NO.
(3) REVISED.
DATE 09/09/2025
SIGNATURE
In
the matter between
FFS
FINANCE
Plaintiff
and
NET
WEALTH
Defendant
JUDGMENT
MAKHOBA, J
: The
Court will give the
ex-tempore
judgment which is as follows:
1.
This is an opposed application for summary judgment.
2.
The defendants have given notice of their intention to defend the
instituted
action and the subsequent plea was delivered by the
defendants.
3.
The application for summary judgment relates
inter alia
to the
plaintiff's motor vehicle which the first defendant purchased from
the plaintiffs in terms of the common cause written instalment
sale
agreement, which is reflected in the particulars of claim.
4.
The first defendant is a principal debtor and the second defendant is
the surety,
who has bound himself as surety in
solidum
for and
with the first defendant as coprincipal debtors jointly and severally
with the first defendant towards the plaintiff in
terms of common
cause written suretyship agreement.
5.
It is common cause from the plea, and if regard is had to paragraph 7
to 7.2.5.8.1
of the defendants' plea, that the first defendant did
not honour the first defendant's contractual agree to repayment
obligation
towards the plaintiff. He fell in arrears with the
payment obligation towards the plaintiff and as a result he breached
the
common cause written sale agreement.
6.
It is further common cause that the agreement was breached because
the first
defendant did not pay and fell in arrears.
7.
It was agreed by the parties, it is common cause in the written
instalment sale
agreement that the first defendant had to make
specific monthly instalment payments towards the plaintiff, and if it
failed to
punctually pay one of those monthly instalment payments,
the first defendant will be in breach of the instalment sale
agreement
with the resultant effect that the full outstanding balance
became owing and payable.
8.
In addition, it is common cause between the parties that the
instalment sale
agreement was breached, as I have already alluded to,
the plaintiff was entitled to have instituted the action indeed
against the
defendant in this matter. It is trite that the
defendant must show that there is a
bona fide
defence to the
claim.
9.
It is quite clear also that in this matter, that the plaintiff
exercise its rights
in law as the innocent party to have cancelled
the instalment sale agreement and act.
10.
The plaintiff is the owner of the vehicle and there is also no
bona
fide
defence raised by the defendant, that trumps the plaintiff's
ownership of the motor vehicle.
11.
In the absence of the
bona fide
defence, the Court must find
in favour of the plaintiff.
The
judgment is granted in favour of the plaintiff and the draft order
which I have marked X is made an order of court.
- - - - - - - - - - - -
MAKHOBA, J
JUDGE OF THE HIGH
COURT
DATE
:
………………