Absa Bank Limited v Shabalala N.O. and Others (9734/12) [2014] ZAKZPHC 17 (19 March 2014)

Absa Bank Limited v Shabalala N.O. and Others (9734/12) [2014] ZAKZPHC 17 (19 March 2014)

The court found that the applicant had established the breach of the mortgage loan agreement. The Trust failed to pay any instalments since January 2011, and the respondents did not challenge the breach in their answering affidavit. The court was satisfied that there were no contradictions in the applicant's papers and that the facts supporting the breach were common cause. Consequently, judgment was granted in favour of the applicant for the outstanding amount, interest, and costs, and the mortgaged property was declared specially executable.

Citation
[2014] ZAKZPHC 17
Parties
Applicant: ABSA Bank Limited; Respondent: Dumisani Sipho Derrick Shabalala N.O.; Respondent: Beatrice Otrina Ntombenhle Shabalala N.O.; Respondent: Derrick Shabalala; Respondent: Ntombenhle Shabalala
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
19 March 2014
Case Number
9734/12
Procedural Posture
Civil Application / Judgment
Outcome
Judgment granted in favour of the applicant; mortgaged property declared specially executable.
Judges
Nzimande
Legal Topics
Mortgage Bond Enforcement, Breach of Loan Agreement, Special Executability, Trust Liability
Banking and Finance Land and Property Mortgage Bond Enforcement Breach of Loan Agreement Special Executability Trust Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

ABSA Bank Limited

Applicant

Dumisani Sipho Derrick Shabalala N.O.

Respondent

Beatrice Otrina Ntombenhle Shabalala N.O.

Respondent

Derrick Shabalala

Respondent

Ntombenhle Shabalala

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Has the applicant proved a breach of the mortgage loan agreement by the respondents?
  2. 2 Is the mortgaged property liable to be declared specially executable?

Ratio Decidendi

The court found that the applicant had established the breach of the mortgage loan agreement. The Trust failed to pay any instalments since January 2011, and the respondents did not challenge the breach in their answering affidavit. The court was satisfied that there were no contradictions in the applicant's papers and that the facts supporting the breach were common cause. Consequently, judgment was granted in favour of the applicant for the outstanding amount, interest, and costs, and the mortgaged property was declared specially executable.

Court Disposition

Judgment granted in favour of the applicant; mortgaged property declared specially executable.

Orders

  • Judgment is granted in favour of ABSA Bank Limited against the first and second respondents (as trustees of the Othandweni Family Trust) and the third and fourth respondents, jointly and severally, for payment of R6,553,916.91.
  • Interest thereon at the rate of 7.5%, capitalised monthly, from 21 July 2012 to date of payment.