After a lengthy legal struggle, a homeowner successfully overturns a default judgment against him, reclaiming his property from Nedbank following incorrect calculations.
The Gauteng High Court, Pretoria , has ruled in favour of a homeowner against Nedbank . Picture: FileIn a case of David taking on Goliath, a homeowner who lost his house after a default judgment was issued against him, based on wrong calculations by Nedbank , emerged victorious as the Gauteng High Court, Pretoria , had overturned the sale in execution.
The court earlier granted default judgment for the amount of R124 323.80 - which the bank claimed Somlal owed in terms of a mortgage bond agreement - as well as a warrant of execution against immovable property.The immovable property was later sold in auction for the amount of R700 000 through the sheriff and is currently registered in the name of the new buyer. However, Somlal and his elderly mother, meanwhile, remained in the house.
Sometime in 2018, Somlal was told by the bank that there would be an application for default judgment against him. When the matter was due in court, it was postponed indefinitely for him and the bank to try to iron out their differences. In explaining why he was not in court when it again reconvened to hear the bank’s application for the property to be sold on execution, Somlal told Judge Nelisa Mali he spoke to a bank employee who assured him the case would not proceed.According to Somlal, the reserve price was set on an incorrect figure taking into consideration the amount of the municipality account disclosed to the court.
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