ABSA Bank Limited v Howell and Others (16168/17) [2024] ZAGPJHC 739 (2 August 2024)
- Citation
- [2024] ZAGPJHC 739
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- South Gauteng High Court, Johannesburg
- Panel
- GC Wright
- Case number
- 16168/17
More details
- Court
- South Gauteng High Court, Johannesburg
- Panel
- GC Wright
- Case number
- 16168/17
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
ABSA Bank Limited
Applicant Counsel: Adv M MsomiPhillip Marshall Howell
Respondent Counsel: Adv LL MakokoNoelene Jane Howell
Respondent Counsel: Adv LL MakokoSheriff of the High Court – Roodepoort North
RespondentCity of Johannesburg Metropolitan Municipality
RespondentAmounts and remedies
- Municipal Charges Owed (approximate Proportion of Property Value): ZAR 33.33
03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Reducing Reserve Price for Auction of Property.
04
Questions and positions
Legal issues
- 01
Whether the applicants have reasonable prospects of success on appeal against the order reducing the reserve price for the auction of their property.
- 02
Whether there are compelling reasons to grant leave to appeal.
Party arguments
- Applicant
- ABSA Bank Limited opposed the application for leave to appeal, arguing that the Howells had failed to disclose their financial circumstances and had not paid anything towards the bond for over seven years. ABSA maintained that the reserve price reduction was justified and that the Howells had no reasonable prospects of success on appeal.
- Respondent
- Mr and Ms Howell sought leave to appeal the order reducing the reserve price for the auction of their house, contending that the order was unjust. However, they did not provide any information regarding their financial circumstances or address the outstanding municipal charges.
05
Court’s reasoning
Legal principles
- 01
Section 17(1) of the Superior Courts Act 10 of 2013
Leave to appeal should only be granted where there are reasonable prospects of success or compelling reasons for the appeal to be heard.
06
Ratio, limits and disposition
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.
Obiter and limits
- The Howells have lived in the house for over seven years without paying anything towards the bond.
- They owe the municipality more than a third of the value of the property in municipal charges.
Court disposition
Application for leave to appeal dismissed.
- The application for leave to appeal is dismissed.
- Mr and Ms Howell are jointly and severally to pay ABSA’s costs.
Source and reliance status
South Gauteng High Court, Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
South Gauteng High Court, Johannesburg
Judgment
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
CASE NO: 16168/17
1.Reportable: No
2. Of interest to other judges: No
3.Revised:
2 August 2024
In the matter between:
ABSA
BANK LIMITED Applicant and HOWELL,
PHILLIP MARSHALL First Respondent HOWELL,
NOELENE JANE Second Respondent
SHERIFF OF THE HIGH COURT –
ROODERPOORT
NORTH Third Respondent
CITY
OF JOHANNESBURG METROPOLITAN
MUNICIPALITY Forth Respondent
JUDGMENT –
APPLICATION FOR LEAVE TO APPEAL
WRIGHT J
1. Mr and Ms Howell, the 1st and 2nd respondents in the main application, seek leave to appeal my order of 3 June 2024.
2. Absa then had sought and been granted a reduction in the reserve price at which the Howell’s house could be auctioned by the sheriff in satisfaction of a judgment granted some seven years ago.
3. It bears mention that the Howells have lived in the house in question for over seven years without paying anything towards the bond. They owe the municipality more than a third of the value of the property in municipal charges. In the main application they chose to tell the court nothing about their financial circumstances.
4. The Howells have no reasonable prospect on appeal and there is no compelling reason to grant leave. In my view, party and party costs on scale A suffice in this application.
ORDER
1. The application is dismissed.
2. Mr and Ms Howell are jointly and severally to pay Absa’s costs.
GC Wright
Judge of the High Court
Gauteng Division, Johannesburg
HEARD : 2 August 2024
DELIVERED : 2 August 2024
APPEARANCES:
Absa Adv M Msomi 082 229 4363 Instructed by Lowndes Dlamini Attorneys Mr and Ms Howell Adv LL Makoko Instructed By Att Gary Segal
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