Tebeila N.O and Others v ABSA Bank Ltd (2019/14019) [2024] ZAGPJHC 349 (9 April 2024)

Tebeila N.O and Others v ABSA Bank Ltd (2019/14019) [2024] ZAGPJHC 349 (9 April 2024)

The application for leave to appeal was dismissed because none of the grounds raised by the applicants had reasonable prospects of success. The court found that the requirements of rules 46 and 46A were met, including proper service and notice, and that the applicants had sufficient opportunity to contest the valuation and reserve price but failed to do so. The reckless credit argument was not pleaded or argued in the merits proceedings, and there was no factual basis for it to be considered on appeal. The section 129 notice argument was not pressed during the merits hearing and was adequately addressed by Absa. The constitutional challenge was rejected, as rule 46A is specifically...

Citation
[2024] ZAGPJHC 349
Parties
Applicant: Tebeila N.O., Timothy; Applicant: Ntwampie N.O., Morwamoche Andrew; Applicant: Mokou N.O., Imogen-Faith Malin; Applicant: Tebeila, Timothy; Respondent: ABSA Bank Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 April 2024
Case Number
2019/14019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits
Outcome
Application for leave to appeal dismissed with costs on the attorney-client scale.
Judges
A. Friedman
Legal Topics
Execution Against Immovable Property, Reserve Price Setting, Reckless Credit, Section 129 Notice, Right to Housing, Attorney Client Costs
Civil Procedure Banking and Finance Constitutional Law Execution Against Immovable Property Reserve Price Setting Reckless Credit Section 129 Notice Right to Housing +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Tebeila N.O., Timothy

Applicant

Ntwampie N.O., Morwamoche Andrew

Applicant

Mokou N.O., Imogen-Faith Malin

Applicant

Tebeila, Timothy

Applicant

ABSA Bank Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits

Legal Issues

  1. 1 Whether the court erred in applying rules 46 and 46A regarding execution against immovable property, specifically in failing to set a reserve price.
  2. 2 Whether the credit agreement constituted reckless credit under section 83 of the National Credit Act.
  3. 3 Whether Absa complied with section 129(1) and section 130 of the National Credit Act.

Ratio Decidendi

The application for leave to appeal was dismissed because none of the grounds raised by the applicants had reasonable prospects of success. The court found that the requirements of rules 46 and 46A were met, including proper service and notice, and that the applicants had sufficient opportunity to contest the valuation and reserve price but failed to do so. The reckless credit argument was not pleaded or argued in the merits proceedings, and there was no factual basis for it to be considered on appeal. The section 129 notice argument was not pressed during the merits hearing and was adequately addressed by Absa. The constitutional challenge was rejected, as rule 46A is specifically...

Court Disposition

Application for leave to appeal dismissed with costs on the attorney-client scale.

Orders

  • The application for leave to appeal under case number 2019/14019 is dismissed.
  • The applicants for leave to appeal are to pay the costs of the application for leave to appeal on the attorney-client scale.