Naidoo v Absa Bank Limited and Others (13259/2009) [2016] ZAKZDHC 58 (17 June 2016)

Naidoo v Absa Bank Limited and Others (13259/2009) [2016] ZAKZDHC 58 (17 June 2016)

The court found that the breach notice was properly sent to the Applicant's attorneys of record, as required by clause 3 of the court order. The Applicant received the notice and was aware of its contents. The Applicant failed to pay the full arrears amount within three days of receiving the notice, as only R10,500 was paid, not the required R16,161.34. The sale in execution and subsequent transfer of the property were therefore lawful. The Applicant did not make out a case for the relief sought regarding the setting aside of the sale, transfer, or the furnishing of bond statements, as there was no evidence that such statements were requested and refused. The claim for contempt of court...

Citation
[2016] ZAKZDHC 58
Parties
Applicant: Thiren Naidoo; Respondent: Absa Bank Limited; Respondent: Jameel Adams; Respondent: NM Vanker
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
17 June 2016
Case Number
13259/2009
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed with costs.
Judges
Sishi
Legal Topics
Sale in Execution, Mortgage Bond Enforcement, Breach of Court Order, Contempt of Court, Costs Order
Civil Procedure Land and Property Sale in Execution Mortgage Bond Enforcement Breach of Court Order Contempt of Court Costs Order

Case Brief

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Parties

Thiren Naidoo

Applicant

Absa Bank Limited

Respondent

Jameel Adams

Respondent

NM Vanker

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether a proper breach notice was sent by the First Respondent to the Applicant or his attorney as required by the court order.
  2. 2 Whether the Applicant complied with the terms of the court order regarding payment of arrears.
  3. 3 Whether the First Respondent complied with the court order before selling the property in execution.

Ratio Decidendi

The court found that the breach notice was properly sent to the Applicant's attorneys of record, as required by clause 3 of the court order. The Applicant received the notice and was aware of its contents. The Applicant failed to pay the full arrears amount within three days of receiving the notice, as only R10,500 was paid, not the required R16,161.34. The sale in execution and subsequent transfer of the property were therefore lawful. The Applicant did not make out a case for the relief sought regarding the setting aside of the sale, transfer, or the furnishing of bond statements, as there was no evidence that such statements were requested and refused. The claim for contempt of court...

Court Disposition

Application dismissed with costs.

Orders

  • The Applicant's application is dismissed with costs.