Vleissentraal Bloemfontein (Pty) Ltd v Jansen (5476/2022) [2023] ZAFSHC 173 (16 May 2023)

Vleissentraal Bloemfontein (Pty) Ltd v Jansen (5476/2022) [2023] ZAFSHC 173 (16 May 2023)

The court found that the respondent admitted the acknowledgment of debt and its terms, including the amount owed and the interest rate. The underlying transaction was for goods sold and delivered (livestock), which remained the property of the applicant until payment was effected. The agreement did not fall under the National Credit Act, as the AOD was not a credit agreement and the NCA was expressly excluded by the parties. The respondent failed to provide any factual basis for her defences, which were inconsistent and unsupported. The claim was for a liquidated amount, and the respondent did not demonstrate a bona fide defence or entitlement to defend the action. Accordingly, summary...

Citation
[2023] ZAFSHC 173
Parties
Applicant: Vleissentraal Bloemfontein (Pty) Ltd; Respondent: Cecilia Gysia Jansen
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
16 May 2023
Case Number
5476/2022
Procedural Posture
Summary Judgment Application / Opposed Application for Summary Judgment; Condonation for Late Filing of Opposing Affidavit Granted
Outcome
Summary judgment granted in favour of the applicant.
Judges
Opperman
Legal Topics
Summary Judgment, Acknowledgment of Debt, National Credit Act, Liquidated Claim, Credit Agreement Exclusion
Civil Procedure Commercial and Corporate Summary Judgment Acknowledgment of Debt National Credit Act Liquidated Claim Credit Agreement Exclusion

Case Brief

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Parties

Vleissentraal Bloemfontein (Pty) Ltd

Applicant

Cecilia Gysia Jansen

Respondent

Procedural Posture

Summary Judgment Application / Opposed Application for Summary Judgment; Condonation for Late Filing of Opposing Affidavit Granted

Legal Issues

  1. 1 Whether the National Credit Act applies to the acknowledgment of debt (AOD) contract.
  2. 2 Whether the claim is based on the AOD or the underlying credit agreement.
  3. 3 Whether the applicant is entitled to summary judgment based on the AOD.

Ratio Decidendi

The court found that the respondent admitted the acknowledgment of debt and its terms, including the amount owed and the interest rate. The underlying transaction was for goods sold and delivered (livestock), which remained the property of the applicant until payment was effected. The agreement did not fall under the National Credit Act, as the AOD was not a credit agreement and the NCA was expressly excluded by the parties. The respondent failed to provide any factual basis for her defences, which were inconsistent and unsupported. The claim was for a liquidated amount, and the respondent did not demonstrate a bona fide defence or entitlement to defend the action. Accordingly, summary...

Court Disposition

Summary judgment granted in favour of the applicant.

Orders

  • Condonation is granted for the late filing of the respondent's opposing affidavit; costs to follow the cause.
  • The respondent is ordered to pay R480,885.71 to the applicant.