Absa Bank Ltd v Jakobo (2562/2013) [2013] ZAFSHC 228 (28 November 2013)

Absa Bank Ltd v Jakobo (2562/2013) [2013] ZAFSHC 228 (28 November 2013)

The court found that the applicant complied with section 129 of the National Credit Act by sending and delivering the required notice to the respondent via registered mail. The respondent admitted arrears of R2,961.13 and failed to demonstrate that the account was brought up to date. Payments made in June 2013 did not extinguish the arrears as at 16 August 2013. The respondent did not disclose a bona fide defence that would defeat the applicant's claim. Accordingly, the requirements for summary judgment were satisfied and the applicant was entitled to cancellation of the agreement and return of the vehicle.

Citation
[2013] ZAFSHC 228
Parties
Applicant: Absa Bank Ltd; Respondent: Tsheliso Bernard Jakobo
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 November 2013
Case Number
2562/2013
Procedural Posture
Summary Judgment Application / Application for Summary Judgment After Delivery of Notice of Intention to Defend
Outcome
Summary judgment granted in favour of the applicant; agreement cancelled; return of vehicle ordered; leave granted to prove damages; costs awarded on party and party scale.
Judges
L. M. Sesele
Legal Topics
Summary Judgment, Instalment Sale Agreement, National Credit Act Compliance, Arrears, Section 129 Notice
Civil Procedure Banking and Finance Summary Judgment Instalment Sale Agreement National Credit Act Compliance Arrears Section 129 Notice

Case Brief

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Parties

Absa Bank Ltd

Applicant

Tsheliso Bernard Jakobo

Respondent

Procedural Posture

Summary Judgment Application / Application for Summary Judgment After Delivery of Notice of Intention to Defend

Legal Issues

  1. 1 Whether the plaintiff complied with section 129 of the National Credit Act before instituting proceedings.
  2. 2 Whether the defendant has a bona fide defence to the summary judgment application.
  3. 3 Whether the defendant is in arrears under the instalment sale agreement.

Ratio Decidendi

The court found that the applicant complied with section 129 of the National Credit Act by sending and delivering the required notice to the respondent via registered mail. The respondent admitted arrears of R2,961.13 and failed to demonstrate that the account was brought up to date. Payments made in June 2013 did not extinguish the arrears as at 16 August 2013. The respondent did not disclose a bona fide defence that would defeat the applicant's claim. Accordingly, the requirements for summary judgment were satisfied and the applicant was entitled to cancellation of the agreement and return of the vehicle.

Court Disposition

Summary judgment granted in favour of the applicant; agreement cancelled; return of vehicle ordered; leave granted to prove damages; costs awarded on party and party scale.

Orders

  • The agreement between the parties is cancelled.
  • The defendant is ordered to return forthwith to the applicant the 2008 Dodge Caliber 2.0 CVT SXT A/T, with specified engine and chassis numbers; failing which the sheriff is authorised to attach and deliver the vehicle to the applicant.