Nagel N.O and Others v Land and Agriculture Development Bank of South Africa (M716/2019) [2021] ZANWHC 53 (22 July 2021)

Nagel N.O and Others v Land and Agriculture Development Bank of South Africa (M716/2019) [2021] ZANWHC 53 (22 July 2021)

The application for rescission was dismissed because the applicants failed to provide a reasonable explanation for their default, did not bring the application within the prescribed 20-day period after becoming aware of the judgment, and failed to demonstrate a bona fide defence to the respondent's claim. The evidence showed that the applicants were aware of the judgment earlier than claimed, and their denial of arrears was contradicted by their own conduct and admissions. The respondent established locus standi through cession from Suidwes, and the applicants' technical defence was unsupported. The applicants' attempts to renegotiate payment terms further confirmed their indebtedness and...

Citation
[2021] ZANWHC 53
Parties
Applicant: Johannes Rudolph Nagel N.O; Applicant: Anne-Marie Nagel N.O; Applicant: Johannes Rudolph Nagel; Applicant: Anne-Marie Nagel; Respondent: Land and Agriculture Development Bank of South Africa
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
22 July 2021
Case Number
M716/2019
Procedural Posture
Rescission Application / Application to Rescind and Set Aside Default Judgment
Outcome
Application for rescission of judgment dismissed with costs, including costs occasioned by the employment of senior counsel.
Judges
MZ Makoti
Legal Topics
Rescission of Judgment, Default Judgment, Locus Standi, Cession of Debt, National Credit Act, Costs Award
Civil Procedure Banking and Finance Rescission of Judgment Default Judgment Locus Standi Cession of Debt National Credit Act Costs Award

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Parties

Johannes Rudolph Nagel N.O

Applicant

Anne-Marie Nagel N.O

Applicant

Johannes Rudolph Nagel

Applicant

Anne-Marie Nagel

Applicant

Land and Agriculture Development Bank of South Africa

Respondent

Procedural Posture

Rescission Application / Application to Rescind and Set Aside Default Judgment

Legal Issues

  1. 1 Whether the applicants have shown good cause for rescission of the default judgment.
  2. 2 Whether the application was brought bona fide and within the prescribed time period under Rule 31(2).
  3. 3 Whether the applicants have a bona fide defence to the respondent's claim.

Ratio Decidendi

The application for rescission was dismissed because the applicants failed to provide a reasonable explanation for their default, did not bring the application within the prescribed 20-day period after becoming aware of the judgment, and failed to demonstrate a bona fide defence to the respondent's claim. The evidence showed that the applicants were aware of the judgment earlier than claimed, and their denial of arrears was contradicted by their own conduct and admissions. The respondent established locus standi through cession from Suidwes, and the applicants' technical defence was unsupported. The applicants' attempts to renegotiate payment terms further confirmed their indebtedness and...

Court Disposition

Application for rescission of judgment dismissed with costs, including costs occasioned by the employment of senior counsel.

Orders

  • The application for rescission of judgment is dismissed.
  • The applicants are ordered to pay the costs of the application, including the costs occasioned by the employment of senior counsel.