Investec Bank Limited v Van Heerden and Others (17890/2010) [2017] ZAGPPHC 288 (14 June 2017)

Investec Bank Limited v Van Heerden and Others (17890/2010) [2017] ZAGPPHC 288 (14 June 2017)

The court found that the plaintiff had complied with all procedural requirements for obtaining judgment based on a written confession to judgment. The certificates of balance provided by the plaintiff established the amounts owed by the defendants, and the defendants failed to respond to the demands for payment. The amounts became due and payable seven days after the demand was sent. The court declined to declare immovable property executable due to lack of evidence linking the properties to the defendants' indebtedness. Judgment was granted for the certified amounts, interest, and costs.

Citation
[2017] ZAGPPHC 288
Parties
Plaintiff: Investec Bank Limited; Defendant: Anthea Phoebe-Jane Van Heerden; Defendant: Izak Albertus Van Heerden; Defendant: Afrikings (Pty) Limited; Defendant: New Invest 263 (Pty) Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 June 2017
Case Number
17890/2010
Procedural Posture
Civil Procedure / Application for Judgment in Terms of Confession Under Rule 31(1)
Outcome
Judgment granted in favour of the plaintiff for the certified amounts, interest, and costs. Application for declaring immovable property executable refused.
Judges
M MBONGWE
Legal Topics
Confession to Judgment, Certificate of Balance, Joint and Several Liability, Interest on Debt
Civil Procedure Banking and Finance Confession to Judgment Certificate of Balance Joint and Several Liability Interest on Debt

Case Brief

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Parties

Investec Bank Limited

Plaintiff

Anthea Phoebe-Jane Van Heerden

Defendant

Izak Albertus Van Heerden

Defendant

Afrikings (Pty) Limited

Defendant

New Invest 263 (Pty) Limited

Defendant

Procedural Posture

Civil Procedure / Application for Judgment in Terms of Confession Under Rule 31(1)

Legal Issues

  1. 1 Whether the plaintiff is entitled to judgment based on the written confession to judgment signed by the defendants.
  2. 2 Whether the amounts claimed are due and payable as certified by the plaintiff's certificates of balance.
  3. 3 Whether the plaintiff is entitled to an order declaring immovable property executable.

Ratio Decidendi

The court found that the plaintiff had complied with all procedural requirements for obtaining judgment based on a written confession to judgment. The certificates of balance provided by the plaintiff established the amounts owed by the defendants, and the defendants failed to respond to the demands for payment. The amounts became due and payable seven days after the demand was sent. The court declined to declare immovable property executable due to lack of evidence linking the properties to the defendants' indebtedness. Judgment was granted for the certified amounts, interest, and costs.

Court Disposition

Judgment granted in favour of the plaintiff for the certified amounts, interest, and costs. Application for declaring immovable property executable refused.

Orders

  • The 1st, 2nd and 3rd defendants are ordered to pay, jointly and severally, the amounts of R5 383 872.77 and R3 303 680.09 to the plaintiff within five days from the date of this order.
  • The defendants are ordered to pay interest on the said amounts at 8.75% per annum from 1 December 2016 to date of payment, calculated daily and compounded monthly.