Velocity Finance (RF) Limited v Maninjwa (31239/2020) [2021] ZAGPPHC 764 (9 November 2021)

Velocity Finance (RF) Limited v Maninjwa (31239/2020) [2021] ZAGPPHC 764 (9 November 2021)

The plaintiff failed to verify its cause of action as required for summary judgment. The certificate of balance relied upon by the plaintiff does not establish indebtedness to the plaintiff, but rather to VWFS, and was issued after the cession agreement. As such, the plaintiff has not shown entitlement to summary...

Source-derived case information.

Citation
[2021] ZAGPPHC 764
Parties
Plaintiff: Velocity Finance (RF) Limited; Defendant: Sivuyile Abedningo Maninjwa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 November 2021
Case Number
31239/2020
Procedural Posture
Summary Judgment Application / Application for Summary Judgment Following Amended Particulars of Claim
Outcome
Application for summary judgment dismissed; costs to be costs in the cause.
Judges
Joubert
Legal Topics
Summary Judgment, Credit Agreement, Cession of Rights, National Credit Act Compliance
Civil Procedure Banking and Finance Summary Judgment Credit Agreement Cession of Rights National Credit Act Compliance

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Parties

Velocity Finance (RF) Limited

Plaintiff

Sivuyile Abedningo Maninjwa

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment Following Amended Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff has verified its cause of action as required for summary judgment.
  2. 2 Whether the certificate of balance establishes indebtedness to the plaintiff.
  3. 3 Whether the plaintiff complied with the procedural and contractual requirements for summary judgment.

Ratio Decidendi

The plaintiff failed to verify its cause of action as required for summary judgment. The certificate of balance relied upon by the plaintiff does not establish indebtedness to the plaintiff, but rather to VWFS, and was issued after the cession agreement. As such, the plaintiff has not shown entitlement to summary judgment. It is unnecessary to consider the remaining issues raised by the defendant.

Court Disposition

Application for summary judgment dismissed; costs to be costs in the cause.

Orders

  • The application for summary judgment is dismissed.
  • Costs to be costs in the cause.