Land and Agricultural Development Bank of South Africa v Jonker and Another (5870/2018) [2019] ZAFSHC 207 (20 September 2019)

Land and Agricultural Development Bank of South Africa v Jonker and Another (5870/2018) [2019] ZAFSHC 207 (20 September 2019)

The application for leave to appeal was dismissed because the respondents failed to demonstrate that another court would come to a different conclusion on any of the grounds raised. The restructuring of the loan agreement did not amount to a novation, and the applicant complied with the relevant provisions of the National Credit Act. The locus standi issue had already been conclusively determined in previous judgments, and the section 129 notice was properly served and contained the correct overdue amounts. The respondents' arguments regarding the adequacy of statements and the alleged discrepancies in amounts and interest were without merit. No grounds were advanced to justify a...

Citation
[2019] ZAFSHC 207
Parties
Applicant: Land and Agricultural Development Bank of South Africa; Respondent: Jaco Jonker; Respondent: Esperanza Jonker
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 September 2019
Case Number
5870/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
LBJ Moeng
Legal Topics
National Credit Act, Leave to Appeal, Special Executability, Locus Standi, Section 129 Notice
Banking and Finance Civil Procedure National Credit Act Leave to Appeal Special Executability Locus Standi Section 129 Notice

Case Brief

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Parties

Land and Agricultural Development Bank of South Africa

Applicant

Jaco Jonker

Respondent

Esperanza Jonker

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment

Legal Issues

  1. 1 Whether the restructuring of the loan agreement constituted a novation or merely a restructuring of the original agreement.
  2. 2 Whether the applicant complied with the provisions of the National Credit Act, including sections 81, 90, 110, 111, and 129.
  3. 3 Whether discrepancies in the arrear amounts and interest charged affected the validity of the enforcement proceedings.

Ratio Decidendi

The application for leave to appeal was dismissed because the respondents failed to demonstrate that another court would come to a different conclusion on any of the grounds raised. The restructuring of the loan agreement did not amount to a novation, and the applicant complied with the relevant provisions of the National Credit Act. The locus standi issue had already been conclusively determined in previous judgments, and the section 129 notice was properly served and contained the correct overdue amounts. The respondents' arguments regarding the adequacy of statements and the alleged discrepancies in amounts and interest were without merit. No grounds were advanced to justify a...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The respondents are ordered to pay the costs of the application.