ABSA Bank Ltd v Sinthumule N.O and Another (22885/2015) [2019] ZAGPPHC 378 (19 August 2019)

ABSA Bank Ltd v Sinthumule N.O and Another (22885/2015) [2019] ZAGPPHC 378 (19 August 2019)

The plaintiff failed to discharge the onus of proving, on a balance of probabilities, that the defendants entered into a second loan agreement and signed the power of attorney authorizing the registration of the second mortgage bond. The copies of the mortgage bond and power of attorney produced by the plaintiff were inadmissible as they were not certified or proved to be true copies, and bore the inscription 'For Information Only.' None of the plaintiff's witnesses had personal knowledge of the events surrounding the alleged second loan or the execution of the documents. The only evidence supporting the plaintiff's version was the account statement showing a debit of R 60,000.00, which...

Citation
[2019] ZAGPPHC 378
Parties
Plaintiff: ABSA Bank Ltd; Defendant: Matodzi Sinthumule N.O.; Defendant: Matodzi Sinthumule
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 August 2019
Case Number
22885/2015
Procedural Posture
Civil Trial / Final Judgment After Hearing Evidence
Outcome
Absolution from the instance is ordered; plaintiff to pay defendant's costs.
Judges
J.J.C. Swanepoel
Legal Topics
Mortgage Bond Enforcement, Loan Agreement Proof, Absolution From the Instance, Burden of Proof, Admissibility of Documents
Civil Procedure Banking and Finance Land and Property Mortgage Bond Enforcement Loan Agreement Proof Absolution From the Instance Burden of Proof Admissibility of Documents

Case Brief

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Parties

ABSA Bank Ltd

Plaintiff

Matodzi Sinthumule N.O.

Defendant

Matodzi Sinthumule

Defendant

Procedural Posture

Civil Trial / Final Judgment After Hearing Evidence

Legal Issues

  1. 1 Whether the plaintiff proved the existence of a second loan agreement between itself and the defendants.
  2. 2 Whether the copy of the mortgage bond and power of attorney are admissible as evidence.
  3. 3 Whether the defendants received the loan amount as alleged by the plaintiff.

Ratio Decidendi

The plaintiff failed to discharge the onus of proving, on a balance of probabilities, that the defendants entered into a second loan agreement and signed the power of attorney authorizing the registration of the second mortgage bond. The copies of the mortgage bond and power of attorney produced by the plaintiff were inadmissible as they were not certified or proved to be true copies, and bore the inscription 'For Information Only.' None of the plaintiff's witnesses had personal knowledge of the events surrounding the alleged second loan or the execution of the documents. The only evidence supporting the plaintiff's version was the account statement showing a debit of R 60,000.00, which...

Court Disposition

Absolution from the instance is ordered; plaintiff to pay defendant's costs.

Orders

  • Absolution from the instance is ordered.
  • Plaintiff shall pay defendant’s costs of the action.