Lottering and Another v Absa Bank Limited (834/2020) [2023] ZAECQBHC 47 (29 August 2023)

Lottering and Another v Absa Bank Limited (834/2020) [2023] ZAECQBHC 47 (29 August 2023)

The applicants failed to provide any explanation for the delay in launching the rescission application, rendering their request for condonation unsustainable. Even if condonation were granted, the applicants did not establish good cause for rescission, as they failed to demonstrate a bona fide defence to the respondent's claim and did not act bona fide in bringing the application. The delay in instituting the rescission application was unreasonable, and the applicants' arguments regarding interest charges and the debt review process were without merit. The application was brought solely to delay enforcement of the judgment, and the applicants did not make out a case for any of the relief...

Citation
[2023] ZAECQBHC 47
Parties
Applicant: Samuel Stephen Lottering; Applicant: Delene Elana Lottering; Respondent: Absa Bank Limited
Court
Eastern Cape High Court, Gqeberha
Jurisdiction
South Africa
Judgment Date
29 August 2023
Case Number
834/2020
Procedural Posture
Review Application / Application for Rescission and Condonation Following Default Judgment and Warrant of Execution
Outcome
Application for condonation and rescission dismissed with costs.
Judges
Matebese
Legal Topics
Rescission of Judgment, Condonation, Default Judgment, Debt Review, Warrant of Execution
Civil Procedure Banking and Finance Rescission of Judgment Condonation Default Judgment Debt Review Warrant of Execution

Case Brief

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Parties

Samuel Stephen Lottering

Applicant

Delene Elana Lottering

Applicant

Absa Bank Limited

Respondent

Procedural Posture

Review Application / Application for Rescission and Condonation Following Default Judgment and Warrant of Execution

Legal Issues

  1. 1 Whether condonation for non-compliance with High Court Rules should be granted.
  2. 2 Whether the applicants have established good cause for rescission of the default judgment.
  3. 3 Whether the applicants have a bona fide defence to the respondent's monetary claim.

Ratio Decidendi

The applicants failed to provide any explanation for the delay in launching the rescission application, rendering their request for condonation unsustainable. Even if condonation were granted, the applicants did not establish good cause for rescission, as they failed to demonstrate a bona fide defence to the respondent's claim and did not act bona fide in bringing the application. The delay in instituting the rescission application was unreasonable, and the applicants' arguments regarding interest charges and the debt review process were without merit. The application was brought solely to delay enforcement of the judgment, and the applicants did not make out a case for any of the relief...

Court Disposition

Application for condonation and rescission dismissed with costs.

Orders

  • The applicants’ application for condonation is dismissed.
  • The rescission application is dismissed.