Absa Bank Ltd v Mathibela (64774/2013)
Absa Bank Ltd v Mathibela (64774/2013) [2018] ZAGPPHC 709 (26 March 2018)
The court found that the Plaintiff's calculation of arrears was incorrect, as it failed to account for a 'holiday period' agreement, resulting in a much lower actual arrear amount at the time of summons. The Plaintiff delayed prosecution and did not attempt to resolve the matter through negotiation, despite the Defendant's willingness and continued payments. The property was deemed the Defendant's family home, invoking constitutional protection under section 26(3). Given the low arrears, the delay, and lack of effort to resolve the dispute outside litigation, it would be unjust and inequitabl…
Source excerpt
- Mortgage Bond Enforcement
- Special Execution
- Section 26 Right To Housing
- Arrears Calculation Error
- Just And Equitable Relief
- Summary Judgment Practice