Absa Bank Ltd v Peacock and Another (1340/2020)
Absa Bank Ltd v Peacock and Another (1340/2020) [2020] ZAWCHC 154 (26 October 2020)
The defendant's opposition to summary judgment is not bona fide and is contradicted by her own prior affidavit, which admits to four mortgage bonds and the total indebtedness claimed by the plaintiff. The technical objections regarding short service and non-joinder of the City of Cape Town are minor and do not justify postponement or dismissal. The plaintiff's inability to produce the original written agreement does not preclude enforcement, as secondary evidence is admissible. The defence advanced is opportunistic and lacks merit. Accordingly, summary judgment is justified and granted in fav…
Source excerpt
- Summary Judgment
- Mortgage Bond Enforcement
- Rule 46a Special Executability
- Liquidated Claim
- Bad Faith Defence