Mpisane and Another v Nedbank Limited and Another (78351/2019) [2022] ZAGPPHC 361 (30 May 2022)

Mpisane and Another v Nedbank Limited and Another (78351/2019) [2022] ZAGPPHC 361 (30 May 2022)

The court found that clause 25 of the Home Loan Agreement gave Nedbank the option to choose the forum, and Nedbank chose the High Court due to the value of the property. The Supreme Court of Appeal has held that the High Court has concurrent jurisdiction with the magistrate's court, and matters falling within the magistrate's court jurisdiction may be heard by the High Court if brought before it. There was no error, ambiguity, or omission in the granting of the original order. The applicants' procedural shortcomings were condoned due to their lay status, but the substantive grounds for rescission were not established. The application for rescission was dismissed, and costs were awarded...

Citation
[2022] ZAGPPHC 361
Parties
Applicant: Vika William Mpisane; Applicant: Nompumlelo Progress Mpisane; Respondent: Nedbank Limited; Respondent: Sheriff Halfway House
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 May 2022
Case Number
78351/2019
Procedural Posture
Rescission Application / Judgment
Outcome
Application dismissed with costs on attorney and client scale.
Judges
Makhoba
Legal Topics
Rescission of Judgment, Jurisdiction Clause, Magistrates Court Act, Mortgage Bond Enforcement
Civil Procedure Land and Property Rescission of Judgment Jurisdiction Clause Magistrates Court Act Mortgage Bond Enforcement

Case Brief

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Parties

Vika William Mpisane

Applicant

Nompumlelo Progress Mpisane

Applicant

Nedbank Limited

Respondent

Sheriff Halfway House

Respondent

Procedural Posture

Rescission Application / Judgment

Legal Issues

  1. 1 Whether the High Court had jurisdiction to grant the original order despite the magistrate's court jurisdiction clause.
  2. 2 Whether clause 25 of the Home Loan Agreement required the matter to be heard in the magistrate's court.
  3. 3 Whether the order granted on 28 July 2020 should be rescinded under Rule 42(1)(b) and (c).

Ratio Decidendi

The court found that clause 25 of the Home Loan Agreement gave Nedbank the option to choose the forum, and Nedbank chose the High Court due to the value of the property. The Supreme Court of Appeal has held that the High Court has concurrent jurisdiction with the magistrate's court, and matters falling within the magistrate's court jurisdiction may be heard by the High Court if brought before it. There was no error, ambiguity, or omission in the granting of the original order. The applicants' procedural shortcomings were condoned due to their lay status, but the substantive grounds for rescission were not established. The application for rescission was dismissed, and costs were awarded...

Court Disposition

Application dismissed with costs on attorney and client scale.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay costs on the attorney and client scale.