Nedbank Limited v Varoyi (9102/2024) [2025] ZAWCHC 241 (3 June 2025)

Nedbank Limited v Varoyi (9102/2024) [2025] ZAWCHC 241 (3 June 2025)

The plaintiff established a clear and enforceable claim based on a written credit agreement, compliance with statutory and contractual obligations, and production of an undisputed certificate of balance. The defendant admitted liability but failed to provide any factual or legal foundation for disputing the quantum or for any triable defence. Allegations regarding repossession and auction sale were unsupported and contradicted by the plaintiff's evidence. The defendant's request for a repayment arrangement due to health circumstances is not a defence to liability nor a bar to summary judgment. The plaintiff is entitled to summary judgment for the amount specified in the updated...

Citation
[2025] ZAWCHC 241
Parties
Plaintiff: Nedbank Limited; Defendant: Simphiwe Varoyi
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
3 June 2025
Case Number
9102/2024
Procedural Posture
Summary Judgment Application / Opposed Summary Judgment Application
Outcome
Summary judgment granted in favour of the plaintiff for the amount specified in the updated certificate of balance, plus interest and costs.
Judges
P. S. Van Zyl
Legal Topics
Credit Agreement Enforcement, Summary Judgment, Certificate of Balance, National Credit Act Compliance
Banking and Finance Civil Procedure Credit Agreement Enforcement Summary Judgment Certificate of Balance National Credit Act Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Nedbank Limited

Plaintiff

Simphiwe Varoyi

Defendant

Procedural Posture

Summary Judgment Application / Opposed Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment based on the defendant's admitted breach of the credit agreement.
  2. 2 Whether the defendant has raised a bona fide triable defence to the plaintiff's claim.
  3. 3 Whether the certificate of balance constitutes prima facie proof of the amount owed under the agreement.

Ratio Decidendi

The plaintiff established a clear and enforceable claim based on a written credit agreement, compliance with statutory and contractual obligations, and production of an undisputed certificate of balance. The defendant admitted liability but failed to provide any factual or legal foundation for disputing the quantum or for any triable defence. Allegations regarding repossession and auction sale were unsupported and contradicted by the plaintiff's evidence. The defendant's request for a repayment arrangement due to health circumstances is not a defence to liability nor a bar to summary judgment. The plaintiff is entitled to summary judgment for the amount specified in the updated...

Court Disposition

Summary judgment granted in favour of the plaintiff for the amount specified in the updated certificate of balance, plus interest and costs.

Orders

  • Payment of the amount of R208 324.96, plus interest at 10.25% per annum, calculated and capitalized from 22 May 2025 to date of payment, both days inclusive.
  • Costs of suit, to be taxed on the magistrates’ court tariff.