ABSA Bank Limited v Mosuli Construction and Other Services CC

ABSA Bank Limited and Mosuli Construction and Other Services CC concluded an instalment sale agreement in January 2012 for a 2012 Isuzu KB300D-TEQ motor vehicle. Ownership was to remain with ABSA until full payment of the purchase price. Mosuli took possession of the vehicle but fell substantially into arrears and disputed liability in the main action, alleging issues regarding the agreement’s authenticity. ABSA cancelled the agreement alternatively relied on its termination by effluxion of time. Despite cancellation, Mosuli refused to return the vehicle, failed to provide proof of comprehensive insurance, and continued using the depreciating asset. ABSA instituted a main action for vindicatory relief and damages and subsequently launched an application for interim attachment of the vehicle pending finalisation of that action.

The respondent was ordered to return the vehicle to ABSA on an interim basis pending the outcome of the main action, alternatively to deliver it to the sheriff for delivery to ABSA. The sheriff was authorised to seize the vehicle if necessary. ABSA was directed to store and safeguard the vehicle without using it. Costs of the interim application were ordered to be costs in the main action.

The judgment reaffirms South African principles governing interim vindicatory and quasi-vindicatory relief, particularly that ownership alone can constitute a clear right justifying interim attachment of goods pending trial. It clarifies that delay does not automatically bar interim relief and that apprehension of irreparable harm is presumed where ownership is established, unless convincingly rebutted. The case also distinguishes Sesimani and underscores the importance of evidence of insurance and mitigation of depreciation.