1.

This is an application for summary judgment in which the plaintiff seeks an order as follows:

"[1.1] Payment of the sum of R318 531.59;

[1.2] Interest on the amount aforesaid at the rate of prime plus 7% per annum from 1 September 2010 to date of payment capitalized monthly;

[1.3] Payment of the insurance premiums on the sum of R318 531.59, from 1 September 2010 to date of payment;

[1.4] An order declaring the respondent's immovable property specially executable;

[1.5] Costs of the action on an attorney and client scale."1

2.

The matter was argued as an opposed application on 10 June 2011. During the course of argument it became evident that proper consideration had not been given specifically to the provisions of Section 129 and the judgment in the matter of Rossouw and Another v First Rand Bank Limited2