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Stand 278 Strydom Park (Pty) Ltd v Ekurhuleni Metropolitan Municipality (23503/2014) [2015] ZAGPJHC 79 (27 April 2015)
The High Court refused the municipality’s counterapplication for declaratory relief about historical municipal debt and executability of the property.
Absa Bank Limited v Noqayi and Another (2306/2012) [2014] ZAECPEHC 10 (27 February 2014)
The court found that the respondents failed to provide a valid explanation for not approaching a debt counsellor after receiving the Section 129 notice, and their financial disclosures were insufficient to substantiate a defence of over-indebtedness. The respondents' failure to comply with both the original loan agreement and the subsequent 'Help-U-Stay' agreement demonstrated a lack of commitment to resolving their indebtedness. The court held that the value of the property far exceeded the amount owed, and that declaring the property executable would not infringe the respondents' constituti…
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ABSA Bank Ltd v Boshoff (2410/2012) [2012] ZAECPEHC 58 (28 August 2012)
Summary judgment granted to ABSA Bank on a mortgage loan claim; the borrower’s reliance on an alleged illegal investment scheme did not disclose a bona fide defence.
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