TA017232
NOTICE IN HIGH COURT OF SOUTH AFRICA
MPUMALANGA DIVISION, MBOMBELA, (MAIN SEAT)
CASE NO: 2503/2024
In the matter between: –
THE STANDARD BANK OF SOUTH AFRICA LIMITED
REGISTRATION NUMBER: 1962/000738/06
– Plaintiff
And
MDUDUZI MZIYAKO
IDENTITY NUMBER:
740905 5472 084
– First Defendant
SIBONGILE MABEL MZIYAKO
IDENTITY NUMBER:
810819 0418 080
– Second Defendant
BOND ACCOUNT NUMBER: 364 424 206
TO: Mduduzi Mziyako and Sibongile Mabel Mziyako an adult male and female, having their chosen domicillum citandi et executandi at 15 and 18 Msila Street, Kamagugu, Nelspruit, but whose present whereabouts are unknown: TAKE NOTICE that an Application for default judgment in terms of Rule 31(2)(a) and Rule 46A is set down for hearing on 20 July 2026 at 10:00 or as soon as counsel for the plaintiff may be heard for an order in the following terms:
1. Payment of the amount of R279 399.19
2. Interest on the amount referred to immediately above at the rate of 12.030% per annum from 13 March 2024 to date of payment, together with monthly Insurance premiums of R445.35 and Assurance Premiums of R497.72 as provided for in the Loan Agreement, both dates inclusive;
3. That the immovable property described as: PORTION 19 OF ERF 96 KAMAGUGU TOWNSHIP, REGISTRATION DIVISION J.T, PROVINCE OF MPUMALANGA, IN EXTENT 333 (THREE HUNDRED AND THIRTY THREE) SQUARE METRES,HELD BY DEED OF TRANSFER T8948/2010, SUBJECT TO THE CONDITIONS CONTAINED THEREIN. (`the Property`) be declared executable for the aforesaid amounts;
4. An order authorising the issuing of a writ of execution in terms of Rule 46 as read with 46A for the attachment of the Property;
5. That a reserve price be set for the sale of the Property, at a sale in execution, at a value to be determined by the Honourable Court alternatively sold without reserve;
6. An order in terms of Rule 46A (8)(i), that in the event a reserve price is set as referred to in paragraph 5 supra and same is not achieved in the first sale in execution, then and in that event, the Property in 3 supra may be sold at any subsequent sale in execution to the highest bidder, without a reserve price;
7. Costs of suit on a scale as between attorney and client;
If you intend opposing this application, you are called upon to give written notice to the plaintiff`s attorney within 10 days of publication hereof.
TAKE NOTICE FURTHER that if you fail to give such notice, judgment may be granted against you without further reference to you.
(FINDLAY & NIEMEYER INCORPORATED
ATTORNEYS FOR PLAINTIFF
1027 FRANCIS BAARD STREET
HATFIELD, PRETORIA
TEL NO. 012-342-9164,
FAX NO. 012-342-9165
P O BOX 801, PRETORIA, 0001
Email address: martin@findlay.co.za
EMAIL: litigation16@findlay.co.za / busisiwe@findlay.co.za
REF. Ms B Dube/AB/F9175
C/O DU TOIT-SMUTS ATTORNEYS
LAW CHAMBERS, VAN NIEKERK STREET
NELSPRUIT, 1200
EMAIL: lkieser@dtsa.co.za
Reference Number: TA017232
