Hlabisa and Another v Firstrand Bank Limited and Another (B1133/2023)
Hlabisa and Another v Firstrand Bank Limited and Another (B1133/2023) [2025] ZAGPPHC 724 (17 July 2025)
The court found that the applicants failed to establish a clear right to a final interdict restraining the sale in execution of their property. Although the applicants paid substantial amounts towards the arrears, they did not pay all amounts due, including monthly instalments following the default judgment, as required to reinstate the credit agreement under section 129(3) of the National Credit Act. The disputed facts regarding the precise arrears and the need for an audit of the account meant that, applying the Plascon-Evans rule, the matter had to be decided in favor of the respondent. Th…
Source excerpt
- National Credit Act
- Sale In Execution
- Final Interdict
- Arrears Reinstatement
- Default Judgment