Nalek Security (Pty) Ltd t/a Nalek Security (Pty) Ltd and Another v First Bank t/a Wesbank and Another (49347/2018) [2021] ZAGPPHC 370 (28 May 2021)

Nalek Security (Pty) Ltd t/a Nalek Security (Pty) Ltd and Another v First Bank t/a Wesbank and Another (49347/2018) [2021] ZAGPPHC 370 (28 May 2021)

The applicants failed to establish a basis for interim relief as no pending application existed at the time of hearing, rendering the disputes non-existent. The relief sought in prayer 2 is identical to relief previously sought and dismissed, and the applicants did not present new evidence. The court is functus officio and the matter is res judicata. The applicants admitted the breach of the instalment sale agreement, which entitled the first respondent to cancellation and repossession of the motor vehicle. The applicants' financial difficulties are irrelevant to the enforcement of the judgment. The application is unjustified and intended to delay execution.

Citation
[2021] ZAGPPHC 370
Parties
Applicant: Nalek Security (Pty) Ltd t/a Nalek Security (Pty) Ltd; Applicant: Kgasoane, John Karabo; Respondent: First Bank Ltd t/a Wesbank; Respondent: The Deputy Sheriff of the High Court Johannesburg South
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 May 2021
Case Number
49347/2018
Procedural Posture
Urgent Application / Application for Interim Interdict and Stay of Execution
Outcome
Application dismissed with costs on an attorney and client scale.
Judges
E.M Kubushi
Legal Topics
Interim Interdict, Stay of Execution, Instalment Sale Agreement, Summary Judgment, Res Judicata, Functus Officio
Civil Procedure Commercial and Corporate Interim Interdict Stay of Execution Instalment Sale Agreement Summary Judgment Res Judicata Functus Officio

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Nalek Security (Pty) Ltd t/a Nalek Security (Pty) Ltd

Applicant

Kgasoane, John Karabo

Applicant

First Bank Ltd t/a Wesbank

Respondent

The Deputy Sheriff of the High Court Johannesburg South

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict and Stay of Execution

Legal Issues

  1. 1 Whether the applicants are entitled to an interim interdict restraining the first respondent from repossessing the motor vehicle pending another application.
  2. 2 Whether the execution of the previous court order should be stayed pending settlement of the correct amount due to the first respondent.
  3. 3 Whether the relief sought is barred by res judicata and functus officio.

Ratio Decidendi

The applicants failed to establish a basis for interim relief as no pending application existed at the time of hearing, rendering the disputes non-existent. The relief sought in prayer 2 is identical to relief previously sought and dismissed, and the applicants did not present new evidence. The court is functus officio and the matter is res judicata. The applicants admitted the breach of the instalment sale agreement, which entitled the first respondent to cancellation and repossession of the motor vehicle. The applicants' financial difficulties are irrelevant to the enforcement of the judgment. The application is unjustified and intended to delay execution.

Court Disposition

Application dismissed with costs on an attorney and client scale.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the first respondent’s costs of the opposed application jointly and severally, on an attorney and client scale.