Absa Bank Limited v Howell and Another (16168/2017) [2019] ZAGPJHC 550 (12 December 2019)

Absa Bank Limited v Howell and Another (16168/2017) [2019] ZAGPJHC 550 (12 December 2019)

The court found that the respondents failed to prosecute their application for leave to appeal for more than six months after delivering the notice, without providing any explanation. The absence of any steps taken or opposition to the present application indicated that the notice was delivered merely to delay the effect of the original order. The court exercised its inherent jurisdiction to regulate its proceedings and declared the application for leave to appeal as lapsed. The respondents were ordered to pay the costs of the application, jointly and severally.

Citation
[2019] ZAGPJHC 550
Parties
Applicant: Absa Bank Limited; Respondent: Howell Phillip Marshall; Respondent: Howell Noelene Jane
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 December 2019
Case Number
16168/2017
Procedural Posture
Declaratory Application / Application for Declaration That Leave to Appeal Has Lapsed
Outcome
Application granted. The notice of application for leave to appeal is declared lapsed. Costs awarded against respondents jointly and severally.
Judges
Notshe
Legal Topics
Leave to Appeal, Summary Judgment, Failure to Prosecute, Inherent Jurisdiction, Costs Order
Civil Procedure Leave to Appeal Summary Judgment Failure to Prosecute Inherent Jurisdiction Costs Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Absa Bank Limited

Applicant

Howell Phillip Marshall

Respondent

Howell Noelene Jane

Respondent

Procedural Posture

Declaratory Application / Application for Declaration That Leave to Appeal Has Lapsed

Legal Issues

  1. 1 Whether the respondents' notice of application for leave to appeal delivered on 14 March 2019 has lapsed due to failure to prosecute.
  2. 2 Whether the applicant is entitled to a declaratory order and costs against the respondents.

Ratio Decidendi

The court found that the respondents failed to prosecute their application for leave to appeal for more than six months after delivering the notice, without providing any explanation. The absence of any steps taken or opposition to the present application indicated that the notice was delivered merely to delay the effect of the original order. The court exercised its inherent jurisdiction to regulate its proceedings and declared the application for leave to appeal as lapsed. The respondents were ordered to pay the costs of the application, jointly and severally.

Court Disposition

Application granted. The notice of application for leave to appeal is declared lapsed. Costs awarded against respondents jointly and severally.

Orders

  • The notice of application for leave to appeal delivered on 14 March 2019 has lapsed.
  • The respondents are directed to pay the costs of this application, jointly and severally, the one paying the other to be absolved.