Absa Bank Limited v Kunene (25248/2017) [2020] ZAGPJHC 14 (30 January 2020)

Absa Bank Limited v Kunene (25248/2017) [2020] ZAGPJHC 14 (30 January 2020)

The defendant failed to set out a bona fide defence to the summary judgment application. Her payments of R2,000.00 per month are less than half of her contractual obligation and do not reduce the outstanding balance, which continues to grow due to interest. No debt review application was made to court, and the applicant lawfully terminated any debt review process. The applicant complied with all statutory and contractual requirements, including the delivery of a Section 129 notice. The court finds that the applicant is entitled to enforce the mortgage loan agreement and declare the property specially executable. Given the market and municipal value of the property, a reserve price of...

Citation
[2020] ZAGPJHC 14
Parties
Plaintiff: Absa Bank Limited; Defendant: Gladys Kunene
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 January 2020
Case Number
25248/2017
Procedural Posture
Summary Judgment Application / Hearing and Judgment
Outcome
Summary judgment granted in favour of the applicant.
Judges
L T Modiba
Legal Topics
Summary Judgment, Mortgage Bond Enforcement, Debt Review, Section 129 Notice, Reserve Price, Special Executability
Civil Procedure Banking and Finance Land and Property Summary Judgment Mortgage Bond Enforcement Debt Review Section 129 Notice Reserve Price +1 more

Case Brief

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Parties

Absa Bank Limited

Plaintiff

Gladys Kunene

Defendant

Procedural Posture

Summary Judgment Application / Hearing and Judgment

Legal Issues

  1. 1 Whether the defendant has set out a bona fide defence to the summary judgment application.
  2. 2 Whether the applicant is entitled to enforce the mortgage loan agreement and declare the property specially executable.
  3. 3 Whether statutory requirements under the National Credit Act and Rule 46A have been complied with.

Ratio Decidendi

The defendant failed to set out a bona fide defence to the summary judgment application. Her payments of R2,000.00 per month are less than half of her contractual obligation and do not reduce the outstanding balance, which continues to grow due to interest. No debt review application was made to court, and the applicant lawfully terminated any debt review process. The applicant complied with all statutory and contractual requirements, including the delivery of a Section 129 notice. The court finds that the applicant is entitled to enforce the mortgage loan agreement and declare the property specially executable. Given the market and municipal value of the property, a reserve price of...

Court Disposition

Summary judgment granted in favour of the applicant.

Orders

  • The defendant is ordered to pay the sum of R441,526.01 to the applicant.
  • The immovable property secured by the mortgage bond is declared specially executable.