Changing Tides 17 (Pty) Limited v Muriritirwa and Another (5290/2019) [2020] ZAGPPHC 132 (7 April 2020)

Changing Tides 17 (Pty) Limited v Muriritirwa and Another (5290/2019) [2020] ZAGPPHC 132 (7 April 2020)

The court found that it had jurisdiction to hear the matter, as the loan agreement and indemnity bond were concluded and registered in Pretoria, and any concurrent jurisdiction with Johannesburg did not preclude the proceedings. The applicant, as trustee of the South African Home Loans Guarantee Trust, was the correct party to enforce the indemnity bond, and its deponent was duly authorised and competent to verify the facts. The respondents' procedural objections were unfounded. The court considered the requirements of Rule 46A and the National Credit Act, noting the significant arrears, the respondents' payment history, and the fact that the property was their primary residence. The...

Citation
[2020] ZAGPPHC 132
Parties
Applicant: Changing Tides 17 (Pty) Limited; Respondent: Lazarus Muriritirwa; Respondent: Grace Beulah Muriritirwa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 April 2020
Case Number
5290/2019
Procedural Posture
Summary Judgment Application / Final Judgment
Outcome
Summary judgment granted in favour of the applicant; property declared specially executable; order suspended for nine months; reserve price set.
Judges
SJ Cowen
Legal Topics
Summary Judgment, Special Execution, Primary Residence, Reserve Price, National Credit Act, Rule 46a
Civil Procedure Land and Property Summary Judgment Special Execution Primary Residence Reserve Price National Credit Act Rule 46a

Case Brief

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Parties

Changing Tides 17 (Pty) Limited

Applicant

Lazarus Muriritirwa

Respondent

Grace Beulah Muriritirwa

Respondent

Procedural Posture

Summary Judgment Application / Final Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to hear the matter.
  2. 2 Whether the applicant has standing to claim relief against the respondents.
  3. 3 Whether the applicant's deponent is competent to depose to the affidavit supporting summary judgment.

Ratio Decidendi

The court found that it had jurisdiction to hear the matter, as the loan agreement and indemnity bond were concluded and registered in Pretoria, and any concurrent jurisdiction with Johannesburg did not preclude the proceedings. The applicant, as trustee of the South African Home Loans Guarantee Trust, was the correct party to enforce the indemnity bond, and its deponent was duly authorised and competent to verify the facts. The respondents' procedural objections were unfounded. The court considered the requirements of Rule 46A and the National Credit Act, noting the significant arrears, the respondents' payment history, and the fact that the property was their primary residence. The...

Court Disposition

Summary judgment granted in favour of the applicant; property declared specially executable; order suspended for nine months; reserve price set.

Orders

  • The first and second respondents are ordered to pay the applicant R2 362 259.66.
  • Interest on the sum at 9.8% per annum compounded monthly in arrears from 5 December 2018 to date of payment.