Mahlaba v Absa Bank Limited (18278/16)
Mahlaba v Absa Bank Limited (18278/16) [2017] ZAGPJHC 112 (21 April 2017)
The applicant failed to provide a reasonable explanation for her default and did not demonstrate a bona fide defence with prospects of success. The respondent complied with statutory requirements by sending the section 129 notice to the applicant's nominated address and properly serving the summons. The applicant's contention that she did not receive the notice or summons is not supported by the evidence, and her payment history confirms arrears. The principles established in Kubyana v Standard Bank govern the delivery of section 129 notices, and the applicant's failure to collect the registe…
Source excerpt
- Rescission Of Default Judgment
- Section 129 Notice
- Instalment Sale Agreement
- Proof Of Delivery
- Consumer Credit
- Arrears And Cancellation