Nedbank Limited v Mokoena and Another (NCT/40232/2016/165(1)) [2016] ZANCT 37 (28 July 2016)

Nedbank Limited v Mokoena and Another (NCT/40232/2016/165(1)) [2016] ZANCT 37 (28 July 2016)

The Tribunal found that the omission of the correct loan repayment terms from the order granted on 8 June 2014 constituted an obvious error or omission as contemplated by Section 165(1)(b) of the National Credit Act. The evidence showed that the parties had agreed to specific terms regarding the monthly instalment...

Source-derived case information.

Citation
[2016] ZANCT 37
Parties
Applicant: Nedbank Limited; Respondent: Luciano Lesego Koena Mokoena; Respondent: Nonhlanhla Eliza Mokoena
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
28 July 2016
Case Number
NCT/40232/2016/165(1)
Procedural Posture
Review Application / Application to Vary Previous Tribunal Order Under Section 165(1) of the National Credit Act
Outcome
Application to vary the order dated 8 June 2014 is granted.
Judges
P Beck, H Devraj, F Sibanda
Legal Topics
National Credit Act, Debt Rearrangement, Variation of Order, Default Judgment
Banking and Finance Civil Procedure National Credit Act Debt Rearrangement Variation of Order Default Judgment

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Parties

Nedbank Limited

Applicant

Luciano Lesego Koena Mokoena

Respondent

Nonhlanhla Eliza Mokoena

Respondent

Procedural Posture

Review Application / Application to Vary Previous Tribunal Order Under Section 165(1) of the National Credit Act

Legal Issues

  1. 1 Whether the Tribunal's previous order of 8 June 2014 erroneously omitted the correct loan repayment terms agreed between the parties.
  2. 2 Whether the omission constitutes an obvious error or omission under Section 165(1)(b) of the National Credit Act.
  3. 3 Whether the Tribunal should vary its previous order to correctly reflect the debt re-arrangement agreement.

Ratio Decidendi

The Tribunal found that the omission of the correct loan repayment terms from the order granted on 8 June 2014 constituted an obvious error or omission as contemplated by Section 165(1)(b) of the National Credit Act. The evidence showed that the parties had agreed to specific terms regarding the monthly instalment and interest rate for a defined concession period, but these terms were mistakenly omitted from the order. In the absence of any response from the respondents, the applicant's allegations were deemed admitted. The Tribunal concluded that it was empowered to vary its previous order to correct the omission and ensure the order accurately reflected the parties' agreement.

Court Disposition

Application to vary the order dated 8 June 2014 is granted.

Orders

  • The application to vary the order dated 8 June 2014 is granted.
  • The amended order confirming the debt re-arrangement as an order of the Tribunal is attached as annexure 'A'.