Firstrand Bank Limited v Vorster N.O and Others (M150/2018) [2018] ZANWHC 78 (13 December 2018)

Firstrand Bank Limited v Vorster N.O and Others (M150/2018) [2018] ZANWHC 78 (13 December 2018)

The Court found that the Trust had adopted a domicilium address within the jurisdiction of the North West High Court prior to the commencement of proceedings, and that the applicant made sufficient factual averments in the founding affidavit to establish jurisdiction. The Trust was represented by three appointed trustees at the time the credit agreements were concluded, and thus qualifies as a juristic person under the National Credit Act, rendering its provisions inapplicable. The respondents failed to raise any substantive defence to the merits, and only raised preliminary points, all of which were dismissed. The applicant was entitled to judgment against the Trust and the fourth...

Citation
[2018] ZANWHC 78
Parties
Applicant: Firstrand Bank Limited; Respondent: Gabriel Jakobus Petrus Vorster N.O.; Respondent: Maryna Anna Margaretha Walters N.O.; Respondent: Marizelle Pretorius N.O.; Respondent: Gabriel Jakobus Petrus Vorster
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
13 December 2018
Case Number
M150/2018
Procedural Posture
Civil Application / Judgment With Reasons Following Order
Outcome
Judgment granted in favour of the applicant against the Trust and the fourth respondent, jointly and severally, with costs.
Judges
Kgoele
Legal Topics
Jurisdiction of High Court, Trustee Appointment, Suretyship Liability, National Credit Act Applicability, Domicilium Citandi, Costs on Attorney and Own Client Scale
Civil Procedure Commercial and Corporate Jurisdiction of High Court Trustee Appointment Suretyship Liability National Credit Act Applicability Domicilium Citandi Costs on Attorney and Own Client Scale

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Parties

Firstrand Bank Limited

Applicant

Gabriel Jakobus Petrus Vorster N.O.

Respondent

Maryna Anna Margaretha Walters N.O.

Respondent

Marizelle Pretorius N.O.

Respondent

Gabriel Jakobus Petrus Vorster

Respondent

Procedural Posture

Civil Application / Judgment With Reasons Following Order

Legal Issues

  1. 1 Whether the North West High Court has jurisdiction over the Trust and the fourth respondent.
  2. 2 Whether the Trust was properly represented by three trustees at the time the credit agreements were concluded.
  3. 3 Whether the National Credit Act applies to the credit agreements in question.

Ratio Decidendi

The Court found that the Trust had adopted a domicilium address within the jurisdiction of the North West High Court prior to the commencement of proceedings, and that the applicant made sufficient factual averments in the founding affidavit to establish jurisdiction. The Trust was represented by three appointed trustees at the time the credit agreements were concluded, and thus qualifies as a juristic person under the National Credit Act, rendering its provisions inapplicable. The respondents failed to raise any substantive defence to the merits, and only raised preliminary points, all of which were dismissed. The applicant was entitled to judgment against the Trust and the fourth...

Court Disposition

Judgment granted in favour of the applicant against the Trust and the fourth respondent, jointly and severally, with costs.

Orders

  • All Points in Limine raised by the first and fourth respondents are dismissed.
  • Judgment is granted against the Trust represented by the first respondent and against the fourth respondent jointly and severally, the one paying the other to be absolved.