SB Guarantee Company (RF) (Pty) Ltd v Manzini (2023/034419) [2025] ZAGPPHC 599 (5 June 2025)

SB Guarantee Company (RF) (Pty) Ltd v Manzini (2023/034419) [2025] ZAGPPHC 599 (5 June 2025)

The plaintiff established its claim by producing the relevant agreements, a certificate of balance, and evidence of compliance with statutory requirements under the National Credit Act. The defendant's opposition consisted of bare denials without supporting evidence or substantive challenge to the calculation of indebtedness or compliance with statutory notice requirements. The plaintiff demonstrated that the section 129 notice was properly delivered and that reasonable efforts were made to assist the defendant in regularizing payments. The defendant failed to appear or substantiate any defence. The court found that the plaintiff was entitled to judgment for the claimed amount,...

Citation
[2025] ZAGPPHC 599
Parties
Plaintiff: SB Guarantee Company (RF) (Pty) Ltd; Defendant: Khensani Gayle Manzini
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 June 2025
Case Number
2023/034419
Procedural Posture
Civil Judgment / Opposed Motion for Summary Judgment
Outcome
Judgment granted in favour of the plaintiff for the claimed amount, interest, declaration of special executability, reserve price set, and costs awarded on attorney and client scale.
Judges
S Van Aswegen
Legal Topics
Mortgage Bond Enforcement, Certificate of Balance, National Credit Act Compliance, Reserve Price Determination, Summary Judgment, Special Executability
Banking and Finance Land and Property Civil Procedure Mortgage Bond Enforcement Certificate of Balance National Credit Act Compliance Reserve Price Determination Summary Judgment +1 more

Case Brief

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Parties

SB Guarantee Company (RF) (Pty) Ltd

Plaintiff

Khensani Gayle Manzini

Defendant

Procedural Posture

Civil Judgment / Opposed Motion for Summary Judgment

Legal Issues

  1. 1 Whether the defendant is indebted to the plaintiff in the claimed amount under the indemnity and mortgage bond agreements.
  2. 2 Whether the plaintiff complied with section 129 of the National Credit Act prior to instituting proceedings.
  3. 3 Whether the property should be declared specially executable and a reasonable reserve price set for sale in execution.

Ratio Decidendi

The plaintiff established its claim by producing the relevant agreements, a certificate of balance, and evidence of compliance with statutory requirements under the National Credit Act. The defendant's opposition consisted of bare denials without supporting evidence or substantive challenge to the calculation of indebtedness or compliance with statutory notice requirements. The plaintiff demonstrated that the section 129 notice was properly delivered and that reasonable efforts were made to assist the defendant in regularizing payments. The defendant failed to appear or substantiate any defence. The court found that the plaintiff was entitled to judgment for the claimed amount,...

Court Disposition

Judgment granted in favour of the plaintiff for the claimed amount, interest, declaration of special executability, reserve price set, and costs awarded on attorney and client scale.

Orders

  • Payment in the amount of R3 188 865.94 by the defendant to the plaintiff.
  • Interest on the aforesaid amount at 11.200% per annum from 4 March 2023 until date of final payment, both dates inclusive.