ABSA Bank Limited v Howell and Others (16168/17) [2024] ZAGPJHC 739 (2 August 2024)

ABSA Bank Limited v Howell and Others (16168/17) [2024] ZAGPJHC 739 (2 August 2024)

The court found that the Howells had not provided any information about their financial circumstances and had lived in the property for over seven years without making any payments towards the bond. They also owed the municipality a substantial amount in municipal charges. The judge concluded that there were no...

Source-derived case information.

Citation
[2024] ZAGPJHC 739
Parties
Applicant: ABSA Bank Limited; Respondent: Phillip Marshall Howell; Respondent: Noelene Jane Howell; Respondent: Sheriff of the High Court – Roodepoort North; Respondent: City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 August 2024
Case Number
16168/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Reducing Reserve Price for Auction of Property.
Outcome
Application for leave to appeal dismissed.
Judges
GC Wright
Legal Topics
Leave to Appeal, Judgment Enforcement, Reserve Price Reduction, Municipal Charges
Civil Procedure Land and Property Leave to Appeal Judgment Enforcement Reserve Price Reduction Municipal Charges

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Parties

ABSA Bank Limited

Applicant

Phillip Marshall Howell

Respondent

Noelene Jane Howell

Respondent

Sheriff of the High Court – Roodepoort North

Respondent

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Reducing Reserve Price for Auction of Property.

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the order reducing the reserve price for the auction of their property.
  2. 2 Whether there are compelling reasons to grant leave to appeal.

Ratio Decidendi

The court found that the Howells had not provided any information about their financial circumstances and had lived in the property for over seven years without making any payments towards the bond. They also owed the municipality a substantial amount in municipal charges. The judge concluded that there were no reasonable prospects of success on appeal and no compelling reasons to grant leave. Accordingly, the application for leave to appeal was dismissed, and costs were awarded against the Howells.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • Mr and Ms Howell are jointly and severally to pay ABSA’s costs.