Absa Bank Limited v De Kock and Another (72118/13)
Absa Bank Limited v De Kock and Another (72118/13) [2016] ZAGPPHC 223 (24 March 2016)
The court held that the plaintiff, as the party seeking a remedy, bears the onus of proving its claim and the duty to begin. The defendants' obligations are governed by the debt restructuring order, and unless the plaintiff proves default under that order, it cannot enforce the original credit agreement. The plaintiff was not entitled to terminate the debt review by issuing a section 86(10) notice after the restructuring order was granted. The proper procedure for enforcement in these circumstances is under section 88(3) of the National Credit Act, which requires proof of default under the re…
Source excerpt
- National Credit Act
- Debt Review
- Restructuring Order
- Termination Of Debt Review
- Onus Of Proof