Nedbank Ltd v Mabulu N.O and Others (3367/2021) [2022] ZAFSHC 32 (3 March 2022)

Nedbank Ltd v Mabulu N.O and Others (3367/2021) [2022] ZAFSHC 32 (3 March 2022)

The plaintiff's objection to the authority of Mathunjwa Inc. to act for the second defendant was not made within the prescribed 10-day period and no leave of court was sought or granted. Therefore, the objection cannot be entertained. The application for default judgment against the second defendant constituted an...

Source-derived case information.

Citation
[2022] ZAFSHC 32
Parties
Plaintiff: Nedbank Ltd; Defendant: Rasekoane Vincent Mabulu N.O.; Defendant: Neo Lawrence Mabulu N.O.; Defendant: Anthony De Villiers N.O.; Defendant: Mampai Annah Mabulu
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
3 March 2022
Case Number
3367/2021
Procedural Posture
Civil Procedure / Interlocutory Application to Set Aside Default Judgment and Dispute Authority of Attorney
Outcome
The plaintiff's application for default judgment is set aside as an improper step. Costs are awarded against the plaintiff.
Judges
S Litheko
Legal Topics
Default Judgment, Authority of Attorney, Trustee Capacity, Irregular Step, Costs Order
Civil Procedure Commercial and Corporate Default Judgment Authority of Attorney Trustee Capacity Irregular Step Costs Order

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Parties

Nedbank Ltd

Plaintiff

Rasekoane Vincent Mabulu N.O.

Defendant

Neo Lawrence Mabulu N.O.

Defendant

Anthony De Villiers N.O.

Defendant

Mampai Annah Mabulu

Defendant

Procedural Posture

Civil Procedure / Interlocutory Application to Set Aside Default Judgment and Dispute Authority of Attorney

Legal Issues

  1. 1 Whether the plaintiff's application for default judgment against the second defendant is an irregular step.
  2. 2 Whether Mathunjwa Incorporated attorneys have authority to act on behalf of the second defendant.

Ratio Decidendi

The plaintiff's objection to the authority of Mathunjwa Inc. to act for the second defendant was not made within the prescribed 10-day period and no leave of court was sought or granted. Therefore, the objection cannot be entertained. The application for default judgment against the second defendant constituted an irregular step, as the second defendant had purged his default and provided proof of compliance with the Trust Deed in his plea. The interlocutory applications were rendered moot by the subsequent plea, and the only remaining issue was costs. The court exercised its discretion to award costs against the plaintiff, as the application for default judgment was improper.

Court Disposition

The plaintiff's application for default judgment is set aside as an improper step. Costs are awarded against the plaintiff.

Orders

  • The plaintiff's application for default judgment is set aside as an improper step.
  • The plaintiff is ordered to pay the costs.