ABSA Bank Limited v Khambule (2019/003137) [2025] ZAGPJHC 426 (2 May 2025)

ABSA Bank Limited v Khambule (2019/003137) [2025] ZAGPJHC 426 (2 May 2025)

The court found that the applicant had established its claim for summary judgment by providing sufficient secondary evidence of the loan agreements, including mortgage bonds, a comprehensive data sheet, and payment records. The respondent's defence was limited to a bare denial of entering into the second loan agreement and did not provide any factual basis or supporting evidence, such as bank statements or proof of fraud. The absence of the original loan agreement did not preclude enforcement, as the applicant presented adequate secondary evidence. The claim was for a liquidated amount, calculated from the applicant's financial records and supported by a certificate of balance. The...

Citation
[2025] ZAGPJHC 426
Parties
Applicant: ABSA Bank Limited; Respondent: Khambule: Millicent Sindiswe
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 May 2025
Case Number
2019/003137
Procedural Posture
Summary Judgment Application / Hearing and Judgment
Outcome
Summary judgment granted in favour of the applicant. The property is declared preferentially executable. Execution is suspended until 1 August 2025.
Judges
E Raubenheimer
Legal Topics
Summary Judgment, Mortgage Bond Enforcement, Liquidated Claim, Preferential Executability, Secondary Evidence, National Credit Act Compliance
Civil Procedure Banking and Finance Land and Property Summary Judgment Mortgage Bond Enforcement Liquidated Claim Preferential Executability Secondary Evidence +1 more

Case Brief

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Parties

ABSA Bank Limited

Applicant

Khambule: Millicent Sindiswe

Respondent

Procedural Posture

Summary Judgment Application / Hearing and Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to summary judgment for the outstanding bond amount.
  2. 2 Whether the absence of the original loan agreement precludes enforcement of the contract.
  3. 3 Whether the respondent raised a bona fide defence to the claim.

Ratio Decidendi

The court found that the applicant had established its claim for summary judgment by providing sufficient secondary evidence of the loan agreements, including mortgage bonds, a comprehensive data sheet, and payment records. The respondent's defence was limited to a bare denial of entering into the second loan agreement and did not provide any factual basis or supporting evidence, such as bank statements or proof of fraud. The absence of the original loan agreement did not preclude enforcement, as the applicant presented adequate secondary evidence. The claim was for a liquidated amount, calculated from the applicant's financial records and supported by a certificate of balance. The...

Court Disposition

Summary judgment granted in favour of the applicant. The property is declared preferentially executable. Execution is suspended until 1 August 2025.

Orders

  • Summary judgment is granted in favour of ABSA Bank Limited for the outstanding amount.
  • The bonded immovable property is declared preferentially executable.