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Standard Bank of South Africa Ltd v Van Der Walt and Another (27427/98) [2000] ZAGPHC 11 (17 April 2000)

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NOT REPORTABLE

IN THE HIGH COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

JOHANNESBURG


CASE NO: 27427/98

DATE:2000-04-17


In the matter between

STANDARD BANK OF SOUTH AFRICA LTD..................................................................Plaintiff

and

VAN DER WALT, FRANS HENDRIK CHRISTIAAN............................................First Defendant

VAN DER WALT, CORINA ELIZABETH MARIA …........................................Second Defendant


JUDGMENT


WILLIS, J: In the circumstances default judgment is given against both the first and the second defendants.

In respect of Claim A the following order is made:

1. The first and second defendants are to pay the sum of R118974,12.

2. Interest of the aforesaid amount at the rate of 25,5 percent per annum from 25 September 1998 to date of payment.

3. Costs of suit on attorney and client scale.

Against first and second defendants in respect of Claim B:

1. Payment of the sum of R2 555,27.

2. Interest on the aforesaid amount at the rate of 25,5 percent per annum from 25 September 1 998 to date of payment.

3. Costs of suit on attorney and client scale.

In respect of Claim C as against both first and second defendants:

1. Payment of the sum of R135 974,1 2.

2. Interest on the aforesaid amount at the rate of 25,5 percent per annum from 25 September 1998 to date of payment.

3. Costs of suit on an attorney and client scale.

The aforesaid judgment given by the court against the first and second defendants is made against them jointly and severally, the one paying the other to be absolved.