Court rescinds Nedbank repossession order due to late appearance.
The South Gauteng High Court in Johannesburg has recalled a summary judgment granted in favour of Nedbank in a vehicle finance dispute, ruling that a woman who arrived at court shortly after the order was made should be given an opportunity to oppose the bank's application.
Acting Judge J Mitchell ruled that the court had the inherent power to recall its own order where a litigant appeared shortly after a default judgment had been granted, emphasising that the principle of finality in court orders should not prevent procedural fairness.
The dispute arose after MS purchased a vehicle financed by Nedbank but later fell into arrears on her instalments. She subsequently entered debt review proceedings, but the bank terminated the debt review before instituting legal action to repossess the vehicle and recover any outstanding balance after its sale.
Although MS filed a plea, she did not submit an affidavit opposing Nedbank's application for summary judgment, prompting the bank to enrol the matter on the unopposed roll.
