Nedbank Limited v Chiura and Another (74492/2016) [2016] ZAGPPHC 1197 (3 November 2016)

Nedbank Limited v Chiura and Another (74492/2016) [2016] ZAGPPHC 1197 (3 November 2016)

The court found that the Chiuras had persistently instituted groundless and vexatious proceedings against Nedbank and other parties, despite repeated judicial warnings and multiple punitive costs orders. Their claims in the relevant litigation had been lawfully attached and sold in execution to Nedbank, divesting them of locus standi. The respondents' continued disregard for court orders, especially the Vorster AJ order, constituted contempt. The requirements for contempt were met: the order existed, the respondents had notice, and they failed to comply wilfully and mala fide. The court held that the only effective remedy to halt the abuse of process was to declare the respondents...

Citation
[2016] ZAGPPHC 1197
Parties
Applicant: Nedbank Limited; Respondent: Shepard Tendayi Chiura; Respondent: Ester Chiura
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 November 2016
Case Number
74492/2016
Procedural Posture
Urgent Application / Final Judgment on Application for Interdict, Contempt, and Vexatious Litigant Declaration
Outcome
Application granted. The respondents are declared vexatious litigants, interdicted from further proceedings, found in contempt of court, and divested of locus standi in the attached claims.
Judges
Brenner
Legal Topics
Vexatious Litigation, Contempt of Court, Attachment of Incorporeal Rights, Locus Standi, Interdictory Relief
Civil Procedure Banking and Finance Vexatious Litigation Contempt of Court Attachment of Incorporeal Rights Locus Standi Interdictory Relief

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Parties

Nedbank Limited

Applicant

Shepard Tendayi Chiura

Respondent

Ester Chiura

Respondent

Procedural Posture

Urgent Application / Final Judgment on Application for Interdict, Contempt, and Vexatious Litigant Declaration

Legal Issues

  1. 1 Whether the respondents should be declared vexatious litigants under the Vexatious Proceedings Act.
  2. 2 Whether the respondents have locus standi in the existing litigation after their claims were attached and sold in execution.
  3. 3 Whether the respondents are in contempt of the Vorster AJ order dated 14 October 2013.

Ratio Decidendi

The court found that the Chiuras had persistently instituted groundless and vexatious proceedings against Nedbank and other parties, despite repeated judicial warnings and multiple punitive costs orders. Their claims in the relevant litigation had been lawfully attached and sold in execution to Nedbank, divesting them of locus standi. The respondents' continued disregard for court orders, especially the Vorster AJ order, constituted contempt. The requirements for contempt were met: the order existed, the respondents had notice, and they failed to comply wilfully and mala fide. The court held that the only effective remedy to halt the abuse of process was to declare the respondents...

Court Disposition

Application granted. The respondents are declared vexatious litigants, interdicted from further proceedings, found in contempt of court, and divested of locus standi in the attached claims.

Orders

  • The respondents are interdicted and restrained from persisting and proceeding with applications and actions under case numbers 96723/2015, 7580/2007, and 20740/2013.
  • It is declared that the respondents do not have locus standi in the existing litigation and all rights now vest with Nedbank.