Nedbank Limited v Schoeman N.O and Another (42242/14) [2016] ZAGPJHC 142 (2 June 2016)

Nedbank Limited v Schoeman N.O and Another (42242/14) [2016] ZAGPJHC 142 (2 June 2016)

The court found that the applicant established its claim for payment against the respondents based on two valid loan agreements and corresponding mortgage bonds. The applicant complied with section 129 of the National Credit Act by serving notices at the respondents' chosen domicilium addresses, and any alleged...

Source-derived case information.

Citation
[2016] ZAGPJHC 142
Parties
Applicant: Nedbank Limited; Respondent: Christoffel Andries Schoeman N.O.; Respondent: Christoffel Andries Schoeman
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 June 2016
Case Number
42242/14
Procedural Posture
Civil Application / Final Judgment
Outcome
Application granted. Judgment for the applicant against both respondents, jointly and severally, for the claimed amount, interest, costs, and special executability of the property.
Judges
Krieger AJ
Legal Topics
Mortgage Bond Enforcement, Suretyship Liability, Certificate of Balance, National Credit Act Compliance, Reckless Credit, Special Executability
Banking and Finance Civil Procedure Mortgage Bond Enforcement Suretyship Liability Certificate of Balance National Credit Act Compliance Reckless Credit Special Executability

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Parties

Nedbank Limited

Applicant

Christoffel Andries Schoeman N.O.

Respondent

Christoffel Andries Schoeman

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the respondents are jointly and severally liable to pay the applicant the claimed amount under two mortgage bonds and loan agreements.
  2. 2 Whether the applicant complied with section 129 of the National Credit Act regarding notice to the respondents.
  3. 3 Whether the certificate of balance produced by the applicant is sufficient proof of the debt and whether the applicant has locus standi.

Ratio Decidendi

The court found that the applicant established its claim for payment against the respondents based on two valid loan agreements and corresponding mortgage bonds. The applicant complied with section 129 of the National Credit Act by serving notices at the respondents' chosen domicilium addresses, and any alleged prejudice was not substantiated. The certificate of balance, supported by bank statements and a corrected version, provided prima facie and ultimately conclusive proof of the debt, and the respondents failed to rebut this evidence. The respondents' denials regarding the second loan agreement, mortgage bond, and suretyship were found to be bald, unsubstantiated, and inherently...

Court Disposition

Application granted. Judgment for the applicant against both respondents, jointly and severally, for the claimed amount, interest, costs, and special executability of the property.

Orders

  • The first and second respondents are ordered jointly and severally, the one paying the other to be absolved, to pay the applicant the sum of R2,549,615.89.
  • The respondents are to pay interest on the sum at 7.35% per annum calculated and capitalised monthly in advance from 31 August 2014 to the date of payment.