Radebe v Standard Bank of South Africa Limited; In Re: Radebe v Standard Bank of South Africa Limited (5023/2017) [2017] ZAGPJHC 266 (18 September 2017)

Radebe v Standard Bank of South Africa Limited; In Re: Radebe v Standard Bank of South Africa Limited (5023/2017) [2017] ZAGPJHC 266 (18 September 2017)

The applicant failed to provide any new or compelling information that was not already considered by the court during the default judgment proceedings. The correspondence from the Department of Land Reform and Rural Development did not amount to an undertaking to purchase the property, and the applicant did not demonstrate any steps taken to obtain a final and positive reply from the Department. The applicant has not made any payments towards the debt and has not discharged the onus of proving good reasons for a further stay of execution. The application is therefore dismissed.

Citation
[2017] ZAGPJHC 266
Parties
Applicant: Mpumelelo Brian Radebe; Respondent: Standard Bank of South Africa Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 September 2017
Case Number
5023/2017
Procedural Posture
Stay Application / Application for Stay of Execution Following Default Judgment and Prior Urgent Application
Outcome
Application dismissed with costs.
Judges
Nkosi
Legal Topics
Stay of Execution, Default Judgment, Judicial Oversight, Loan Agreement Breach
Civil Procedure Banking and Finance Stay of Execution Default Judgment Judicial Oversight Loan Agreement Breach

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Parties

Mpumelelo Brian Radebe

Applicant

Standard Bank of South Africa Limited

Respondent

Procedural Posture

Stay Application / Application for Stay of Execution Following Default Judgment and Prior Urgent Application

Legal Issues

  1. 1 Whether the execution of the applicant's property should be stayed pending the response from the Department of Land Reform and Rural Development.
  2. 2 Whether the applicant has provided sufficient reasons to justify a further stay of execution.

Ratio Decidendi

The applicant failed to provide any new or compelling information that was not already considered by the court during the default judgment proceedings. The correspondence from the Department of Land Reform and Rural Development did not amount to an undertaking to purchase the property, and the applicant did not demonstrate any steps taken to obtain a final and positive reply from the Department. The applicant has not made any payments towards the debt and has not discharged the onus of proving good reasons for a further stay of execution. The application is therefore dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is to pay the costs of the application.