Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Woman’s VW Golf, bought as a gift by her husband, stripped of engine at police compound

October 22, 2026

Electoral Court bars independent candidate who fell short of 50-voter threshold

October 22, 2026

Farmers allowed to vaccinate livestock against foot and mouth disease

October 22, 2026
Facebook X (Twitter) Instagram
Trending
  • Woman’s VW Golf, bought as a gift by her husband, stripped of engine at police compound
  • Electoral Court bars independent candidate who fell short of 50-voter threshold
  • Farmers allowed to vaccinate livestock against foot and mouth disease
  • Bronkhorstspruit’s water crisis: How pollution, missing chlorine and silence left hundreds sick
  • Ramaphosa and predecessors failed to decide prisoners’ pardon application for 24 years
  • Judge rejects bid to move three elephants from Johannesburg Zoo to a sanctuary
  • Attorney is not a fraudster or thief, judge says, despite LPC seeking to strike him off
  • The R400,000 award for ‘white trash’ and ‘dumb people’ insults that cost a woman her home
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » North West man wins long battle over vehicle storage fees worth hundreds of thousands
Consumer Protection Law

North West man wins long battle over vehicle storage fees worth hundreds of thousands

Judge finds claim prescribed and misdirected, ending decade-long dispute over returned car
Kennedy MudzuliBy Kennedy MudzuliJuly 2, 2025Updated:July 2, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

Key points 

  • The North West High Court dismissed Agenbag Motor Group’s appeal to recover storage fees for a vehicle returned in 2009. 
  • The court found that the claim was brought too late and against the wrong person. 
  • The ruling underscores the importance of suing the correct party within the legal time limits and having a clear contractual basis for any debt claim. 

A vehicle returned in 2009, a bill for storage sent seven years later, and a court fight that lasted almost a decade; that’s the story behind a legal dispute that finally came to an end with a major loss for Agenbag Motor Group. 

On 1 July 2025, the North West High Court in Mahikeng dismissed the company’s appeal in its attempt to recover storage fees from a man it claimed owed them for keeping a car on their premises. The court ruled that the claim had prescribed years ago and was brought against someone who was never responsible in the first place. For Agenbag, it’s the end of a costly and ultimately unsuccessful legal battle. 

How it all started 

The trouble began back in March 2009, when a funeral business called Ipolokeng Funeral Parlour, represented by Maria Nkitseng, bought a vehicle from Agenbag Motor Group for R157 000. Shortly after the purchase, the car started giving mechanical problems. Despite several efforts to repair it, the vehicle continued to fail. Eventually, the buyers returned the car to the dealership. 

In 2010, the funeral parlour launched legal action to get a full refund, but that case stalled and never reached a final decision. Then, years later in 2016, Agenbag Motor Group issued a surprise demand; they wanted payment for storage fees for the returned vehicle, claiming R350 per day. At that rate, the amount would have run into hundreds of thousands of rands. 

But instead of going after the company that bought the car, Agenbag sued Molapo Eliah Nkitseng, Maria’s husband, who was not listed on the sale agreement and had nothing to do with the transaction. That misstep would prove critical. 

The court's ruling 

The Klerksdorp Magistrate’s Court dismissed the claim, and now the North West High Court has agreed. In its ruling, the court found that the storage fee claim had prescribed under South African law. The court held that any debt would have become due by 2011 at the latest, meaning that Agenbag had until 2014 to take legal action. But the summons was only issued in 2020, six years too late. 

More importantly, the court confirmed that Molapo Nkitseng was never a party to the contract. The agreement was between Agenbag Motor Group and the funeral parlour. Suing Molapo personally, without proof that he owed anything, was a legal error. The court also pointed out that the correct party, the funeral parlour, had not even been joined to the proceedings, and this failure alone was enough to sink the case. 

The judges concluded that there was no legal basis for the claim, and ordered Agenbag Motor Group to pay the costs of the appeal. 

#Conviction 

Get your news on the go. Click here to follow the Conviction WhatsApp channel.     

Civil litigation motor industry dispute North West High Court prescription law storage fees
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Divorced attorney loses claim to trust benefits linked to former husband

October 20, 2026

High Court rejects urgent application by gynaecologist to keep Mediclinic practice open

October 20, 2026

FNB customer demands R15,100 refund after fraudsters drain account using stolen phone

October 17, 2026
Leave A Reply Cancel Reply

Prove your humanity: 10   +   5   =  

Subscribe to our newsletter:
Top Posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
Don't Miss
Civil Law
6 Mins Read

Woman’s VW Golf, bought as a gift by her husband, stripped of engine at police compound

By Kennedy MudzuliOctober 22, 20266 Mins Read

The Minister of Police has been held liable after a Volkswagen Golf lost its engine and other components while held as evidence at a Pretoria storage facility.

Electoral Court bars independent candidate who fell short of 50-voter threshold

October 22, 2026

Farmers allowed to vaccinate livestock against foot and mouth disease

October 22, 2026

Bronkhorstspruit’s water crisis: How pollution, missing chlorine and silence left hundreds sick

October 21, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024
OUR PICKS

LPC warns against unregulated legal services, clarifies legal consultant ruling

October 17, 2026

The R400,000 award for ‘white trash’ and ‘dumb people’ insults that cost a woman her home

October 21, 2026

FNB customer demands R15,100 refund after fraudsters drain account using stolen phone

October 17, 2026
© 2026 Conviction.
  • Home
  • Buy Now
  • Law & Justice

Type above and press Enter to search. Press Esc to cancel.

Powered by
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by