Nedbank Limited v Lateral Support 102 CC and Others (193/2022) [2022] ZAMPMBHC 43 (20 June 2022)

Nedbank Limited v Lateral Support 102 CC and Others (193/2022) [2022] ZAMPMBHC 43 (20 June 2022)

The court found that the respondents admitted the existence and terms of the agreement, including the interest rate and certificate of balance provisions. Their dispute regarding the calculation of interest did not amount to a bona fide defence, as the interest charged was in line with the agreement and the respondents failed to show how the agreed rate would result in a lower amount owing. The offer of settlement and allegations of bad faith negotiation were irrelevant to the existence of a valid defence. The certificate of balance constituted sufficient proof of the liquidated claim. The respondents' opposition was found to be without merit and served only to delay the inevitable...

Citation
[2022] ZAMPMBHC 43
Parties
Applicant: Nedbank Limited; Respondent: Lateral Support 102 CC; Respondent: Davies Norman Mculu; Respondent: Skombiso Jennifer Mculu
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
20 June 2022
Case Number
193/2022
Procedural Posture
Summary Judgment Application / Hearing and Judgment
Outcome
Summary judgment granted in favour of the applicant against all respondents, jointly and severally, for the amount claimed plus interest and costs.
Judges
Ratshibvumo
Legal Topics
Summary Judgment, Liquidated Claim, Suretyship, Interest Calculation, Certificate of Balance
Civil Procedure Banking and Finance Summary Judgment Liquidated Claim Suretyship Interest Calculation Certificate of Balance

Case Brief

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Parties

Nedbank Limited

Applicant

Lateral Support 102 CC

Respondent

Davies Norman Mculu

Respondent

Skombiso Jennifer Mculu

Respondent

Procedural Posture

Summary Judgment Application / Hearing and Judgment

Legal Issues

  1. 1 Whether the respondents have established a bona fide defence to the summary judgment application.
  2. 2 Whether the interest charged and the certificate of balance are in accordance with the agreement and constitute a liquidated claim.
  3. 3 Whether the respondents' offer of settlement and allegations of bad faith negotiation constitute a valid defence.

Ratio Decidendi

The court found that the respondents admitted the existence and terms of the agreement, including the interest rate and certificate of balance provisions. Their dispute regarding the calculation of interest did not amount to a bona fide defence, as the interest charged was in line with the agreement and the respondents failed to show how the agreed rate would result in a lower amount owing. The offer of settlement and allegations of bad faith negotiation were irrelevant to the existence of a valid defence. The certificate of balance constituted sufficient proof of the liquidated claim. The respondents' opposition was found to be without merit and served only to delay the inevitable...

Court Disposition

Summary judgment granted in favour of the applicant against all respondents, jointly and severally, for the amount claimed plus interest and costs.

Orders

  • Summary judgment is granted against the respondents, jointly and severally, the one paying the other to be absolved, for payment of R447,008.11 plus interest at the rate of 17.5% per annum, calculated from 08 October 2021 to the date of final payment.
  • The applicant is awarded costs on attorney and client scale.