Absa Bank Limited v Janse van Vuuren and Others (61962/2014) [2017] ZAGPPHC 280 (1 June 2017)

Absa Bank Limited v Janse van Vuuren and Others (61962/2014) [2017] ZAGPPHC 280 (1 June 2017)

The court found that the applicant had established its claim for the outstanding balance, supported by the written agreement, suretyships, and a manager's certificate. The respondents' points in limine regarding procedural defects and the alleged absence of a signed agreement were rejected as unfounded. The sale of the mortgaged properties rendered the relief for special executability inappropriate, and the court amended the orders accordingly. The payment of R 296 826.00 by the first respondent was acknowledged, and leave to defend was granted in respect of that amount only. The respondents failed to demonstrate any bona fide defence to the remainder of the claim.

Citation
[2017] ZAGPPHC 280
Parties
Applicant: Absa Bank Limited; Respondent: Johannes Marthinus Francois Janse van Vuuren; Respondent: Jane Sandra; Respondent: GAMAN11CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 June 2017
Case Number
61962/2014
Procedural Posture
Summary Judgment Application / Application for Summary Judgment Following Defendants' Notice to Defend
Outcome
Summary judgment granted in favour of the applicant for the amended amount, with leave to defend granted to the first and third respondents in respect of the amount already paid.
Judges
M W Msimeki
Legal Topics
Suretyship, Summary Judgment, Mortgage Bond Enforcement, National Credit Act, Attorney and Client Costs
Banking and Finance Civil Procedure Suretyship Summary Judgment Mortgage Bond Enforcement National Credit Act Attorney and Client Costs

Case Brief

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Parties

Absa Bank Limited

Applicant

Johannes Marthinus Francois Janse van Vuuren

Respondent

Jane Sandra

Respondent

GAMAN11CC

Respondent

Procedural Posture

Summary Judgment Application / Application for Summary Judgment Following Defendants' Notice to Defend

Legal Issues

  1. 1 Whether the applicant is entitled to summary judgment for the claimed amount against the respondents.
  2. 2 Whether the sale of mortgaged properties affects the relief sought regarding special executability.
  3. 3 Whether the respondents have established bona fide defences to the applicant's claim.

Ratio Decidendi

The court found that the applicant had established its claim for the outstanding balance, supported by the written agreement, suretyships, and a manager's certificate. The respondents' points in limine regarding procedural defects and the alleged absence of a signed agreement were rejected as unfounded. The sale of the mortgaged properties rendered the relief for special executability inappropriate, and the court amended the orders accordingly. The payment of R 296 826.00 by the first respondent was acknowledged, and leave to defend was granted in respect of that amount only. The respondents failed to demonstrate any bona fide defence to the remainder of the claim.

Court Disposition

Summary judgment granted in favour of the applicant for the amended amount, with leave to defend granted to the first and third respondents in respect of the amount already paid.

Orders

  • An order is granted in terms of prayers 1 and 2 as amended and prayer 5 of the application for summary judgment dated 3 October 2014.
  • The first and third defendants are granted leave to defend in respect of the amount of R 296 826.00.