Thondlana v Absa Bank Limited (29241/2017) [2022] ZAGPPHC 139 (3 March 2022)

Thondlana v Absa Bank Limited (29241/2017) [2022] ZAGPPHC 139 (3 March 2022)

The applicant failed to provide a reasonable, acceptable, or sufficient explanation for the delay in bringing the rescission application, having waited almost four years after becoming aware of the default judgment. Her allegations regarding unemployment insurance and arrangements with ABSA were unsupported and lacked credibility. The applicant did not establish a bona fide defence to ABSA's claim, as she admitted defaulting on the loan and breached the agreement. Service of summons was effected at the chosen address in accordance with the agreement and the National Credit Act. There was no evidence that the default judgment was erroneously sought or granted. The application was found to...

Citation
[2022] ZAGPPHC 139
Parties
Applicant: Kutala Penelope Thondlana; Respondent: Absa Bank Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 March 2022
Case Number
29241/2017
Procedural Posture
Rescission Application / Opposed Motion for Rescission of Default Judgment and Stay of Execution
Outcome
Application dismissed with costs on the scale of attorney and client.
Judges
Khashane La M. Manamela
Legal Topics
Rescission of Default Judgment, Condonation, National Credit Act Compliance, Proper Service of Process, Unemployment Insurance Claim
Civil Procedure Banking and Finance Rescission of Default Judgment Condonation National Credit Act Compliance Proper Service of Process Unemployment Insurance Claim

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Parties

Kutala Penelope Thondlana

Applicant

Absa Bank Limited

Respondent

Procedural Posture

Rescission Application / Opposed Motion for Rescission of Default Judgment and Stay of Execution

Legal Issues

  1. 1 Whether the applicant has shown good cause for rescission of the default judgment.
  2. 2 Whether the application for rescission was brought within a reasonable time and whether condonation should be granted for the delay.
  3. 3 Whether the applicant has established a bona fide defence to the respondent's claim.

Ratio Decidendi

The applicant failed to provide a reasonable, acceptable, or sufficient explanation for the delay in bringing the rescission application, having waited almost four years after becoming aware of the default judgment. Her allegations regarding unemployment insurance and arrangements with ABSA were unsupported and lacked credibility. The applicant did not establish a bona fide defence to ABSA's claim, as she admitted defaulting on the loan and breached the agreement. Service of summons was effected at the chosen address in accordance with the agreement and the National Credit Act. There was no evidence that the default judgment was erroneously sought or granted. The application was found to...

Court Disposition

Application dismissed with costs on the scale of attorney and client.

Orders

  • The application for rescission of default judgment and stay of execution is dismissed.
  • The applicant is ordered to pay the respondent's costs on the scale of attorney and client.