Standard Bank of South Africa v Jones

• Jurisdiction: South Africa
• Judge: MF Legodi J
• Judgment Date: 27 October 2016
• Docket Number: 111/2016
• Hearing Date: 18 October 2016
• Citation: 2016 JDR 2121 (MN)

Legodi J

[1]

This is an application for summary judgment to which the defendant, Mrs Margaret Penny Jones failed to file opposing affidavit after she had entered an appearance to

2016 JDR 2121 p2

Legodi J

defend. The plaintiffs' cause of action is a loan to which a bond was registered in favour of the plaintiff, Standard Bank.

[2]

The action instituted against the defendant was preceded by a debt review restructuring order which was granted on 24 April 2010 by the district court magistrate sitting at White River. In terms of the order, a repayment period was extended and the defendant had to pay a reduced installment per month.

[3]

The defendant having defaulted to pay in terms of the order, the present action proceedings were issued on 3 March 2016 by way of summons to which the defendant entered an appearance to defend, and as I said but, failed to file an opposing affidavit to the application for summary judgment. The present application for summary judgment was therefore moved unopposed. The relief is sought as follows:

1.

"Payment of the amount of R431 334.46.

2.

Payment of interest on the amount of R431 334.66 at the rate of 9.700% per annum as from 15 January 2016 to date of final payment, calculated daily and compounded monthly in arrears.

3.

Payment of monthly insurance premiums of R119.95 and assurance premiums of R315. 11 as from 10 February 2016 for the full period the plaintiff makes payment of such monthly insurance premiums until such time that the property is no longer registered in the name of the defendant, alternatively until such date that the risk of the property passes completely and remains with a new owner, both dates inclusive.

4.

An order declaring specially executable the property known as:

ERF 1458 WHITE RIVER EXTENTION 13 TOWNSHIP, REGISTRATION DIVISION J.U, THE PROVINCE OF MPUMALANGA, MEASURING 352 (THREE HUNDRED AND FIFTY TWO) SQUARE METRES, HELD UNDER DEED OF TRANSFER T336828/2007.

5.

An order authorizing the Registrar to issue a writ of execution in respect of aforesaid property.

6.

Costs of suit on an attorney and own client scale, to be taxed.

7.

Further and/or alternative relief."

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Legodi J

[4]

At a first glance, this court raised the issue whether the action proceedings should not have been preceded by a notice of intention to institute legal proceedings. Attorney for the plaintiff referred this court to the following two...