Tagana and Another v Firstrand Bank Limited and Others (67930/2015) [2016] ZAGPPHC 313 (6 May 2016)

Tagana and Another v Firstrand Bank Limited and Others (67930/2015) [2016] ZAGPPHC 313 (6 May 2016)

The court found that the applicants had reinstated the loan agreement by making the necessary payments as required by section 129(3) of the National Credit Act. In light of the Constitutional Court's decision in FirstRand Bank v Nkata, the reinstatement rendered the sale in execution of the property void. Both parties agreed on the date of reinstatement and the setting aside of the sale. The court granted the declaratory relief sought and set aside the sale in execution, with no order as to costs.

Citation
[2016] ZAGPPHC 313
Parties
Applicant: Ntuli, Aaron Tagana; Applicant: Ntuli, Sibongile Pauline; Respondent: Firstrand Bank Limited; Respondent: Sheriff of the High Court, Pretoria North East; Respondent: Van Niekerk, Hendrik
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 May 2016
Case Number
67930/2015
Procedural Posture
Review Application / Application for Declaratory Relief and Setting Aside of Sale in Execution
Outcome
Application granted. Declaratory relief and setting aside of sale in execution ordered.
Judges
Van der Westhuizen
Legal Topics
National Credit Act, Reinstatement of Credit Agreement, Sale in Execution, Section 129 3 Nca
Land and Property Civil Procedure National Credit Act Reinstatement of Credit Agreement Sale in Execution Section 129 3 Nca

Case Brief

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Parties

Ntuli, Aaron Tagana

Applicant

Ntuli, Sibongile Pauline

Applicant

Firstrand Bank Limited

Respondent

Sheriff of the High Court, Pretoria North East

Respondent

Van Niekerk, Hendrik

Respondent

Procedural Posture

Review Application / Application for Declaratory Relief and Setting Aside of Sale in Execution

Legal Issues

  1. 1 Whether the mortgage loan agreement was reinstated under section 129(3) of the National Credit Act.
  2. 2 Whether the sale in execution of the property should be set aside following reinstatement of the loan agreement.

Ratio Decidendi

The court found that the applicants had reinstated the loan agreement by making the necessary payments as required by section 129(3) of the National Credit Act. In light of the Constitutional Court's decision in FirstRand Bank v Nkata, the reinstatement rendered the sale in execution of the property void. Both parties agreed on the date of reinstatement and the setting aside of the sale. The court granted the declaratory relief sought and set aside the sale in execution, with no order as to costs.

Court Disposition

Application granted. Declaratory relief and setting aside of sale in execution ordered.

Orders

  • It is declared that the loan agreement concluded between the applicants and the first respondent on 17 April 2005 was reinstated by the applicants in terms of section 129(3) of the National Credit Act on 13 May 2013.
  • The sale in execution on 9 June 2015 of Portion 2 of Erf [...] Villieria Township Registration Division J.R., Province Gauteng, situated at 435-Twenty First Avenue, Villieria, Pretoria, by the second respondent to the third respondent is declared void and set aside.