Absa Bank v Joubert and Another (100/2016) [2016] ZAGPPHC 721 (1 April 2016)

Absa Bank v Joubert and Another (100/2016) [2016] ZAGPPHC 721 (1 April 2016)

The court found that the agreements between the parties required the Defendants to service the account by making payments upon demand by the Plaintiff. However, the Plaintiff failed to provide the Defendants with the amount by which the credit agreement was in default in the section 129 notices, depriving them of...

Source-derived case information.

Citation
[2016] ZAGPPHC 721
Parties
Plaintiff: Absa Bank; Defendant: Nicolas Johannes Joubert; Defendant: Andre Joubert
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 April 2016
Case Number
100/2016
Procedural Posture
Summary Judgment Application / Application for Summary Judgment Under Rule 32
Outcome
Application for summary judgment postponed sine die; Plaintiff directed to issue a compliant section 129 notice.
Judges
C J Collis
Legal Topics
Mortgage Bond Enforcement, Summary Judgment, Section 129 Notice, National Credit Act Compliance
Banking and Finance Civil Procedure Mortgage Bond Enforcement Summary Judgment Section 129 Notice National Credit Act Compliance

Source-derived case record

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Absa Bank

Plaintiff

Nicolas Johannes Joubert

Defendant

Andre Joubert

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment Under Rule 32

Legal Issues

  1. 1 Whether the parties agreed on the manner in which demand for payment would be made under the destroyed agreements.
  2. 2 Whether a proper demand for payment was made by the Plaintiff before dispatching section 129 notices.
  3. 3 Whether the Plaintiff complied with the requirements of section 129 of the National Credit Act.

Ratio Decidendi

The court found that the agreements between the parties required the Defendants to service the account by making payments upon demand by the Plaintiff. However, the Plaintiff failed to provide the Defendants with the amount by which the credit agreement was in default in the section 129 notices, depriving them of the opportunity to remedy the default as envisaged by the National Credit Act. The absence of this information meant that the Plaintiff had not complied with the procedural requirements of section 129. Consequently, the application for summary judgment could not be granted until proper notice was given.

Court Disposition

Application for summary judgment postponed sine die; Plaintiff directed to issue a compliant section 129 notice.

Orders

  • The application for summary judgment is postponed sine die.
  • The Plaintiff shall, within 10 court days, dispatch a further section 129(1)(a) notice to the Defendants, including warnings about the instituted action, the case number, the postponement of the summary judgment application, details of the current arrear amount, and confirmation that the Defendants' rights under the...