Lepule and Another v Firstrand Bank Limited and Others (17960/2012) [2014] ZAGPPHC 625 (22 August 2014)

Lepule and Another v Firstrand Bank Limited and Others (17960/2012) [2014] ZAGPPHC 625 (22 August 2014)

The court found that the applicants were victims of a fraudulent scheme orchestrated by Bruson Finance, resulting in the unlawful transfer of their property. The applicants did not consent to the sale and only became aware of the fraud in 2012, which is when prescription commenced. The court held that the applicants had shown good cause for their default and reasonable prospects of success in the main action, as they had a prima facie case of fraud and had tendered restitution. The opposition by the first respondent was not bona fide and caused unnecessary delay. The court rescinded the default judgment, set aside writs of attachment, granted leave to intervene, and ordered costs against...

Citation
[2014] ZAGPPHC 625
Parties
Applicant: Kenneth Sello Lepule; Applicant: Ingrid Ellen Lepule; Respondent: Firstrand Bank Limited; Respondent: Previn Chetty; Respondent: The Sheriff, ODI
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 August 2014
Case Number
17960/2012
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment and Related Relief
Outcome
Application granted; default judgment rescinded; applicants granted leave to intervene; costs awarded against first respondent.
Judges
Strauss
Legal Topics
Rescission of Judgment, Fraudulent Transfer, Prescription, Restitution, Joinder of Parties
Civil Procedure Land and Property Rescission of Judgment Fraudulent Transfer Prescription Restitution Joinder of Parties

Case Brief

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Parties

Kenneth Sello Lepule

Applicant

Ingrid Ellen Lepule

Applicant

Firstrand Bank Limited

Respondent

Previn Chetty

Respondent

The Sheriff, ODI

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Default Judgment and Related Relief

Legal Issues

  1. 1 Whether the default judgment granted on 30 August 2012 should be rescinded.
  2. 2 Whether the applicants have shown good cause for their default and reasonable prospects of success.
  3. 3 Whether the transfer of the applicants' property was fraudulent and void.

Ratio Decidendi

The court found that the applicants were victims of a fraudulent scheme orchestrated by Bruson Finance, resulting in the unlawful transfer of their property. The applicants did not consent to the sale and only became aware of the fraud in 2012, which is when prescription commenced. The court held that the applicants had shown good cause for their default and reasonable prospects of success in the main action, as they had a prima facie case of fraud and had tendered restitution. The opposition by the first respondent was not bona fide and caused unnecessary delay. The court rescinded the default judgment, set aside writs of attachment, granted leave to intervene, and ordered costs against...

Court Disposition

Application granted; default judgment rescinded; applicants granted leave to intervene; costs awarded against first respondent.

Orders

  • Default judgment granted on 30 August 2012 in favour of the first respondent under case number 17960/2012 is rescinded.
  • Any and all writs of attachment issued in connection with the property of the applicants situated at Erf [...] M[...] S, J R North West Province, are set aside.