Ntwendala and Another v Nedbank Limited (EL1472/12, ECD3188/12) [2014] ZAECELLC 2 (10 April 2014)

Ntwendala and Another v Nedbank Limited (EL1472/12, ECD3188/12) [2014] ZAECELLC 2 (10 April 2014)

The court found that the applicants failed to provide a reasonable and acceptable explanation for their default and did not disclose a bona fide defence with prospects of success. The respondent complied with the mandatory requirements of section 129(1)(a) of the National Credit Act by properly serving the notice by registered mail, which was collected and acted upon by the applicants. Settlement negotiations took place, but the applicants did not accept the respondent's counter-proposal or make payment. The technical objections raised by the applicants were without merit, and their conduct throughout the proceedings demonstrated a disregard for court rules and an opportunistic attempt to...

Citation
[2014] ZAECELLC 2
Parties
Applicant: Matthews Mziwoxolo Ntwendala; Applicant: Priscilla Ntwendala; Respondent: Nedbank Limited
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
10 April 2014
Case Number
EL1472/12, ECD3188/12
Procedural Posture
Rescission Application / Application for Rescission of Summary Judgment
Outcome
Application for rescission dismissed with costs on the attorney and own client scale.
Judges
Hartle
Legal Topics
Summary Judgment, National Credit Act, Mortgage Bond Enforcement, Section 129 Notice, Rescission of Judgment
Civil Procedure Banking and Finance Summary Judgment National Credit Act Mortgage Bond Enforcement Section 129 Notice Rescission of Judgment

Case Brief

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Parties

Matthews Mziwoxolo Ntwendala

Applicant

Priscilla Ntwendala

Applicant

Nedbank Limited

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Summary Judgment

Legal Issues

  1. 1 Whether the applicants have shown good cause for rescission of the summary judgment entered against them.
  2. 2 Whether the respondent complied with the mandatory requirements of section 129(1)(a) of the National Credit Act before instituting proceedings.
  3. 3 Whether the applicants' right to adequate housing under section 26(3) of the Constitution was infringed by the order for execution.

Ratio Decidendi

The court found that the applicants failed to provide a reasonable and acceptable explanation for their default and did not disclose a bona fide defence with prospects of success. The respondent complied with the mandatory requirements of section 129(1)(a) of the National Credit Act by properly serving the notice by registered mail, which was collected and acted upon by the applicants. Settlement negotiations took place, but the applicants did not accept the respondent's counter-proposal or make payment. The technical objections raised by the applicants were without merit, and their conduct throughout the proceedings demonstrated a disregard for court rules and an opportunistic attempt to...

Court Disposition

Application for rescission dismissed with costs on the attorney and own client scale.

Orders

  • The application for rescission is dismissed.
  • The applicants are ordered to pay the costs of the application on the scale of attorney and own client.