Magaya and Another v First National Bank a Division of Firstrand Bank Limited and Another (NCT/133952/2019/165) [2019] ZANCT 148 (9 September 2019)

Magaya and Another v First National Bank a Division of Firstrand Bank Limited and Another (NCT/133952/2019/165) [2019] ZANCT 148 (9 September 2019)

The Tribunal was satisfied that all parties were properly notified of the hearing date, time, and venue. In accordance with Rule 24 of the National Consumer Tribunal Rules, the application was dismissed due to the non-appearance of the applicant, consumer, and respondents. The Tribunal confirmed that no substantive arguments or evidence were presented, and the dismissal was issued ex tempore on the record. There was no order as to costs.

Citation
[2019] ZANCT 148
Parties
Applicant: Evericious Magaya; Applicant: Nellia Dube; Respondent: First National Bank a Division of Firstrand Bank Limited; Respondent: Nedbank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
9 September 2019
Case Number
NCT/133952/2019/165
Procedural Posture
Review Application / Application for Variation of Debt Re Arrangement Order Under Section 165 of the National Credit Act; Hearing Dismissed for Non Appearance.
Outcome
Application dismissed for non-appearance; no order as to costs.
Judges
H Devraj, F Manamela, N Maseti
Legal Topics
Debt Review, Variation of Tribunal Order, Non Appearance, National Credit Act
Civil Procedure Banking and Finance Debt Review Variation of Tribunal Order Non Appearance National Credit Act

Case Brief

Summary, issues, holding and outcome

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Parties

Evericious Magaya

Applicant

Nellia Dube

Applicant

First National Bank a Division of Firstrand Bank Limited

Respondent

Nedbank Limited

Respondent

Procedural Posture

Review Application / Application for Variation of Debt Re Arrangement Order Under Section 165 of the National Credit Act; Hearing Dismissed for Non Appearance.

Legal Issues

  1. 1 Whether the application to vary the debt re-arrangement order should be entertained in the absence of all parties.
  2. 2 Whether proper notice of the hearing was given to all parties.
  3. 3 Whether the Tribunal should dismiss the application for non-appearance.

Ratio Decidendi

The Tribunal was satisfied that all parties were properly notified of the hearing date, time, and venue. In accordance with Rule 24 of the National Consumer Tribunal Rules, the application was dismissed due to the non-appearance of the applicant, consumer, and respondents. The Tribunal confirmed that no substantive arguments or evidence were presented, and the dismissal was issued ex tempore on the record. There was no order as to costs.

Court Disposition

Application dismissed for non-appearance; no order as to costs.

Orders

  • The application lodged in terms of Section 165 of the National Credit Act is dismissed.
  • There is no order as to costs.