IN THE MAGISTRATES COURT FOR THE DISTRICT OF TSHWANE
CENTRAL HELD AT PRETORIA
Case Number: 34930/20
In the matter between:
HATFIELD CHRISTIAN SCHOOL PLAINTIFF
and
TONY JOHN KIPLIMO KETTER FIRST DEFENDANT
(I.D. NO.: 580912 5390 186)
DAPHNE BALINDA KETTER SECOND DEFENDANT
(I.D. NO.: 700227 0846 180)
RESPONSE TO QUERY
1.
In response to the query raised on the 27th of September 2021 by the above
Honourable Court of which same is attached hereto and marked Annexure “A”.
AD INTEREST CLAIMED
2.
We respectfully submit to the above Honourable Court in respect of the above that in
terms of Government Gazette No.39379 as published on 06 November 2015, the
Minister of Trade and Industry, Mr. Rob Davies, amended the interest rate of
incidental credit agreements to 2% per month, which allows for an interest rate of 24%
per annum. The aforementioned interest rate is currently still in effect. The above-
mentioned Government Gazette No. 39379 is attached hereto and marked Annexure
“B”.
This is in addition to the clause 2 of the Acknowledgement of Debt signed by the
Debtors (page 35 of the Request for Default Judgment Application) which states that:
“The Capital shall bear interest at 24.00% per annum from the 20 th of May 2020
compounded monthly and calculated on the reducing balance outstanding from time
to time, until the date of final payment.”
AD FEES CHARGED ON ATTORNEY AND CLIENT SCALE
3.
We respectfully submit to the above Honorable Court to take notice of clause 3 of the
Acknowledgment of Debt signed by the first and second Defendants (Page 35 of the
Request for Default Judgment Application), which states that:
“The Debtors shall bear and pay all and any legal costs incidental to the collection of
the capital amount and until finalization of this matter including but not limited to the
drawing up of this Acknowledgement of Debt and arising out of and in connection with
any demand or action which the Creditor instituted against the Debtors in respect of
the Capital, on the scale as between attorney and client.”
4.
In addition to the above claims, should our offices have claimed for any further
punitive damages not set out in the prayers as set out in the Summons (page 8
of the Request for Default Judgment Application), we respectfully submit that it
was not our intention to mislead the court, rather, such a request was due to an
administrative error or otherwise.
5.
We humbly request indulgence for any delay in our submittance of this response
to query.
6.
We respectfully submit the above responses for the favorable consideration of
the above Honourable Court and that our request for Default Judgment be
granted.
DATED AT PRETORIA ON THIS THE 06th OF SEPTEMBER 2023
________________________________
STEGMANNS INCORPORATED
Attorneys for Applicant
379 Lynnwood Road
Menlo Park, Pretoria
Tel: 086 133 3402
Fax: 086 678 2550
Email: tremayne@stegmanns.co.za &
recoveries@stegmanns.co.za
Ref: G176/20/RM/J SMITH
TO: THE CLERK OF THE ABOVE HONOURABLE COURT
PRETORIA
