South Africa Case Law

Standard Bank of South Africa v van Rooyen and Another (17785/2021)

Standard Bank of South Africa v van Rooyen and Another (17785/2021) [2024] ZAWCHC 186 (21 June 2024)

Court

Western Cape High Court, Cape Town

Case number

17785/2021

Judge

A Kantor

The court found that the defendants are over-indebted as contemplated by section 79 of the National Credit Act, and that the procedural requirements for summary judgment, including service of the section 129 notice, were satisfied. However, given the defendants' consistent payment history, their intention to honour the debt, and the existence of significant equity in the property, the court exercised its discretion under section 85 to refer the matter to a debt counsellor for evaluation and recommendation. The court determined that further rescheduling of the debt may be possible and that pos…

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• National Credit Act
• Summary Judgment
• Debt Counselling
• Over Indebtedness
• Section 85 Referral
• Mortgage Bond Execution

Landbank and Agricultural Development Bank of South Africa v J & R Hartman Boerdery CC and Others (3931/2021)

Landbank and Agricultural Development Bank of South Africa v J & R Hartman Boerdery CC and Others (3931/2021) [2023] ZALMPPHC 5 (26 January 2023)

Court

Limpopo High Court, Polokwane

Case number

3931/2021

Judge

Kganyago

The court found that the respondents admitted the existence of the loan agreements and suretyships and conceded default on payment obligations. The respondents' defence was limited to bare denials and unsubstantiated claims regarding the accuracy of the amounts and lack of statements, which did not constitute a bona fide dispute of fact. The applicant provided certificates of balance as prima facie proof, and the respondents failed to provide material facts to challenge liability. Judicial oversight was exercised regarding the execution of immovable properties, with consideration given to con…

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• Loan Agreement Enforcement
• Suretyship Liability
• Mortgage Bond Execution
• Judicial Oversight On Execution
• Certificate Of Balance
• Primary Residence Protection

ABSA Bank Limited v L.G.C and Another (4631/2011)

ABSA Bank Limited v L.G.C and Another (4631/2011) [2021] ZAGPPHC 328 (27 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

4631/2011

Judge

JF Barnardt

The court found that the second respondent's settlement agreement with the first respondent created only a personal right to claim transfer of the property, not a real right of ownership. Ownership of immovable property in South Africa is transferred only by registration in the Deeds Office, as required by section 16 of the Deeds Registries Act. The property remained registered in the name of the first respondent, who was legally competent to mortgage it. The second respondent did not take steps to register the property in her name, nor was the settlement agreement made an order of court. The…

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• Deeds Registries Act
• Mortgage Bond Execution
• Ownership Transfer
• Rule 46a Uniform Rules
• Personal Right Vs Real Right

Nedbank v Trustees for the time being of The Mthunzi Mdwaba Family Trust and Others (7901/2017)

Nedbank v Trustees for the time being of The Mthunzi Mdwaba Family Trust and Others (7901/2017) [2019] ZAGPPHC 336 (9 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

7901/2017

Judge

Ramapuputla

The court held that the Mthunzi Mdwaba Family Trust is not a juristic person for the purposes of Rule 46A. The property, although registered in the name of the trust, is used as a primary residence by a trustee and his children, who are natural persons. Therefore, Rule 46A applies, and all procedural requirements, including service on all trustees and provision of information required by Rule 46A(5), must be met. The applicant failed to comply with these requirements, did not provide sufficient information regarding the reserve price, and did not exhaust remedies against movable property. The…

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• Mortgage Bond Execution
• Primary Residence Protection
• Rule 46a Procedure
• Trusts And Juristic Persons
• Constitutional Right To Housing

Land and Agricultural Bank of SA v Jandrea Boerdery CC and Others (3127/2018)

Land and Agricultural Bank of SA v Jandrea Boerdery CC and Others (3127/2018) [2018] ZAFSHC 188 (8 November 2018)

Court

Free State High Court, Bloemfontein

Case number

3127/2018

Judge

Daffue

High Court confirms revival of a deregistered close corporation, enforces a debt and suretyships, and declares farm properties specially executable.

• Credit Agreement Enforcement
• Suretyship Liability
• Mortgage Bond Execution
• Deregistration And Revival Of Corporation
• National Credit Act Compliance
• Trustee Authority

Firstrand Bank Limited v Metiner and Another (14315/2015)

Firstrand Bank Limited v Metiner and Another (14315/2015) [2017] ZAGPJHC 165 (31 May 2017)

Court

South Gauteng High Court, Johannesburg

Case number

14315/2015

Judge

Daniels

The High Court granted judgment for Firstrand Bank, held section 129 notice requirements were met, and declared eight mortgaged commercial properties specially executable.

• Credit Agreement Enforcement
• Section 129 Notice
• Mortgage Bond Execution
• Suretyship Liability
• Section-129-notice
• National-credit-act

Changing Tides 17 (Proprietary) Limited N.O. v Ruiters and Another (1810/2012)

Changing Tides 17 (Proprietary) Limited N.O. v Ruiters and Another (1810/2012) [2017] ZAECPEHC 12 (16 February 2017)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1810/2012

Judge

S M Mbenenge

The court found that the applicant had made out a case for judgment in terms of the settlement agreement under rule 41(4). The technical defences raised by the respondents were rejected as lacking merit and not prejudicial. The error regarding the date of signature was inadvertent and did not affect the validity or enforcement of the agreement. The respondents' constitutional right to adequate housing is not absolute and may be limited in circumstances where the limitation is reasonable and justifiable. The respondents defaulted on their payment obligations, and the applicant was entitled to…

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• Settlement Agreement Enforcement
• Mortgage Bond Execution
• Rule 41 Application
• Constitutional Right To Housing

De Matrix Pool House CC and Another v Absa Bank Limited (22927/2012)

De Matrix Pool House CC and Another v Absa Bank Limited (22927/2012) [2013] ZAGPPHC 389 (15 November 2013)

Court

North Gauteng High Court, Pretoria

Case number

22927/2012

Judge

Jansen

High Court rescission case involving a default judgment, defective summons, imperfect service, and disputed bank debt; judgment and writ were set aside.

• Rescission Of Judgment
• Default Judgment
• National Credit Act Compliance
• Service Of Process
• Overdraft Facility Dispute
• Mortgage Bond Execution

Firstrand Bank Ltd v Steenkamp (57664/2011)

Firstrand Bank Ltd v Steenkamp (57664/2011) [2012] ZAGPPHC 285 (11 May 2012)

Court

North Gauteng High Court, Pretoria

Case number

57664/2011

Judge

Makgoka

The court granted default judgment, holding that after valid termination of debt review under section 86(10) of the NCA, no fresh section 129 notice was required.

• National Credit Act
• Debt Review Termination
• Enforcement Of Credit Agreement
• Mortgage Bond Execution
• National-credit-act
• Debt-review-termination