Court rules in favour of man after Nedbank's wrongful repossession of Nissan Navara.
The South Gauteng High Court in Johannesburg has overturned a default judgment that allowed Nedbank to repossess a man's Nissan Navara after finding that court papers were allegedly served on him in the presence of a wife who had died over a decade ago.
Acting Judge Karabo Mvub rescinded a March 2025 court order that had confirmed the cancellation of P Mokhwesana's vehicle finance agreement and authorised the return of his 2021 Nissan Navara to Nedbank.
The court also ordered that the vehicle be restored to Mokhwesana and directed Nedbank to pay the costs of the rescission application on the punitive attorney-and-client scale.
The dispute arose after Nedbank obtained default judgment against Mokhwesana on the basis that he had fallen into arrears on an instalment sale agreement for the Nissan Navara. The bank secured an order cancelling the agreement, authorising the repossession of the vehicle and allowing it to retain all monies already paid by the customer.
