TV star Khanyi Mbau missed an opportunity to defend a motion to have her two luxury German cars repossessed when she failed to file responding court papers on time.
Two months ago, Standard Bank applied to the courts to cancel the two instalment sale agreements and for the vehicles to be returned.
The bank also sought permission to approach the court on the same papers later, to recoup any outstanding monies due to them. In September, the Mbau Reloaded reality star was given five days to file her intention to oppose the application, but missed the deadline, leaving the court with no choice but to grant the order against her by default.
It was reported in September that Mbau was taken to court by Standard Bank for failing to honour the terms of the agreement in the sale of the two luxury cars.
But yesterday, Mbau insisted that she had never received the court papers informing her of the motion. She said her lawyers would look into the matter.
According to the court papers, the former Muvhango actress had failed to keep up with the monthly instalments on a 2014 Mercedes-Benz ML 63 AMG and a 2015 Porsche 911 Carrera GTS.
At the time the bank approached the court, Mbau was allegedly almost three months in arrears.
“That the applicant be granted leave to apply to this court on the same papers duly supplemented for an order that the respondent makes payment to the applicant of any amounts due to the applicant after the inspection, valuation and sale of the goods referred to in 2 above,” read the court papers. The bank had also requested the court to order Mbau to pay for the costs of the application.
On Monday last week, the Johannesburg High Court granted the bank an order to repossess the two vehicles.
The bank contended in court papers that it had tried everything to get Mbau to settle the arrears and outstanding balance, but to no avail.
It also argued that approaching the court was the last resort in a bid to recoup the money. The court ruled in favour of the bank and ordered Mbau to return the two cars to the lender, failing which the Sheriff of the Court would go and repossess them.
The ruling comes after the bank had gone to court to seek relief in a dispute with the reality TV star.
“Please take note that the applicant (Standard Bank of SA) intends to make the above honourable court order for an order in the following terms: Confirming the cancellation of the following instalment sale agreement.
“Take notice further that if you intend opposing this application, you are required to notify the applicant’s attorneys in writing within five days of service hereof on you; and within 15 days after you have so given notice of your intention to oppose the application, to file your answering affidavit, if any, and further that you are required to appoint in such notification an address referred to in rule 6(5)(b) at which you will accept notice and service of all documents in these proceedings,” read the court papers.