Nedbank Limited v Matloga and Another (20617/2013) [2014] ZAGPPHC 719 (10 September 2014)

Nedbank Limited v Matloga and Another (20617/2013) [2014] ZAGPPHC 719 (10 September 2014)

The applicant established that the respondents entered into a loan agreement and a subsequent restructure agreement, defaulted on their payment obligations, and failed to respond to demands and statutory notices. The respondents did not oppose the application or provide any explanation for their default. The applicant complied with all procedural requirements, including service of summons and section 129 notice. The outstanding amount, interest, and costs are due and payable. The mortgaged property is declared specially executable as the requirements of Rule 46(1)(a)(ii) are satisfied. The applicant is entitled to the relief sought, including costs on an attorney and client scale.

Citation
[2014] ZAGPPHC 719
Parties
Applicant: Nedbank Limited; Respondent: Sipho Martin Matloga; Respondent: Motlankane Patience Tebogo Matloga
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 September 2014
Case Number
20617/2013
Procedural Posture
Default Judgment Application / Application for Default Judgment After Summons and Expiry of Dies; No Appearance to Defend.
Outcome
Default judgment granted in favour of the applicant for the claimed amount, interest, declaration of special executability, writ of execution, and costs.
Judges
Webster
Legal Topics
Default Judgment, Mortgage Bond Enforcement, Special Executability, National Credit Act Compliance, Interest on Arrears, Costs on Attorney and Client Scale
Civil Procedure Banking and Finance Land and Property Default Judgment Mortgage Bond Enforcement Special Executability National Credit Act Compliance Interest on Arrears +1 more

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Parties

Nedbank Limited

Applicant

Sipho Martin Matloga

Respondent

Motlankane Patience Tebogo Matloga

Respondent

Procedural Posture

Default Judgment Application / Application for Default Judgment After Summons and Expiry of Dies; No Appearance to Defend.

Legal Issues

  1. 1 Whether the applicant is entitled to default judgment against the respondents for the outstanding loan amount.
  2. 2 Whether the mortgaged property should be declared specially executable under Rule 46(1)(a)(ii).
  3. 3 Whether the respondents are liable for interest and costs on an attorney and client scale.

Ratio Decidendi

The applicant established that the respondents entered into a loan agreement and a subsequent restructure agreement, defaulted on their payment obligations, and failed to respond to demands and statutory notices. The respondents did not oppose the application or provide any explanation for their default. The applicant complied with all procedural requirements, including service of summons and section 129 notice. The outstanding amount, interest, and costs are due and payable. The mortgaged property is declared specially executable as the requirements of Rule 46(1)(a)(ii) are satisfied. The applicant is entitled to the relief sought, including costs on an attorney and client scale.

Court Disposition

Default judgment granted in favour of the applicant for the claimed amount, interest, declaration of special executability, writ of execution, and costs.

Orders

  • Payment of the sum of R1 106 045.41 by the respondents to the applicant.
  • Interest on R1 106 045.41 at 7.20% per annum from 1 February 2013 to date of payment.