Fezeka v Absa Bank Limited (2024/125983) [2024] ZAGPJHC 1206 (22 November 2024)

Fezeka v Absa Bank Limited (2024/125983) [2024] ZAGPJHC 1206 (22 November 2024)

The applicant failed to demonstrate urgency, having taken no steps to halt execution after the writ and warrant were served. She did not provide evidence that the property is her primary residence, and service was effected on a tenant. The rescission application lacks detail and substantiation regarding alleged payments, and the applicant did not apply for the lifting of the Notice of Bar or for condonation for procedural non-compliance. The applicant has not made out a case for prospects of success in the rescission application. The court finds that the requirements for a stay of execution have not been met, and real and substantial justice does not require the granting of the stay....

Citation
[2024] ZAGPJHC 1206
Parties
Applicant: Nzuzo Fezeka; Respondent: Absa Bank Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 November 2024
Case Number
2024/125983
Procedural Posture
Stay Application / Urgent Application for Stay of Sale in Execution Pending Rescission
Outcome
Application dismissed with costs.
Judges
E Raubenheimer
Legal Topics
Stay of Execution, Rescission of Judgment, Mortgage Arrears, Default Judgment
Civil Procedure Land and Property Stay of Execution Rescission of Judgment Mortgage Arrears Default Judgment

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Parties

Nzuzo Fezeka

Applicant

Absa Bank Limited

Respondent

Procedural Posture

Stay Application / Urgent Application for Stay of Sale in Execution Pending Rescission

Legal Issues

  1. 1 Whether the applicant has established grounds for a stay of execution pending the rescission application.
  2. 2 Whether the applicant has demonstrated urgency in seeking relief.
  3. 3 Whether the applicant has prospects of success in the rescission application.

Ratio Decidendi

The applicant failed to demonstrate urgency, having taken no steps to halt execution after the writ and warrant were served. She did not provide evidence that the property is her primary residence, and service was effected on a tenant. The rescission application lacks detail and substantiation regarding alleged payments, and the applicant did not apply for the lifting of the Notice of Bar or for condonation for procedural non-compliance. The applicant has not made out a case for prospects of success in the rescission application. The court finds that the requirements for a stay of execution have not been met, and real and substantial justice does not require the granting of the stay....

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs on scale B.