Mlalandle v Nedbank Limited and Others (2215/2017)
Mlalandle v Nedbank Limited and Others (2215/2017) [2018] ZAECPEHC 36 (31 July 2018)
The applicant failed to establish the existence of an agreement with the first respondent to stay the sale in execution upon payment of 50% of the arrears and the balance over six months. On the facts, the only arrangement offered by the first respondent was to stay the sale upon immediate payment of R35,000, which the applicant did not comply with. The applicant's tender of payment after the sale could not revive the credit agreement, as section 129(4) of the National Credit Act prohibits revival after the sale proceeds have been realised. The joinder of the first respondent's attorneys and…
Source excerpt
- Sale In Execution
- Mortgage Bond Enforcement
- National Credit Act Section 129
- Misjoinder Of Parties