Smackdown for bank

HOME REPOSSESSION: STANDARD BANK ATTEMPT DISMISSED WITH COSTS

- Ciaran Ryan

It seems judges are getting fed up with banks' attorneys playing technical games in court, particularly when it comes to home repossessions.

This week, Judge Stuart Wilson of the High Court in Johannesburg dismissed with costs an attempt by Standard Bank to set aside a "stay and rescission application" by Joburg homeowner Daniel Moloisane on purely technical grounds.

The homeowner was trying to stop the bank from selling his home at auction to recover its alleged arrears. The banks' attorneys thought they could get rid of this inconvenience by arguing procedural points.

The same court had earlier declared the property specially executable — allowing it to be sold at auction — because Moloisane had apparently fallen into arrears.

Moloisane had subsequently scrambled to catch up on the arrears, making payments of R140 000 to the bank.

On this basis, he applied to the court to stay the auction and rescind the earlier judgment.