Chabula v RMB Private Bank and Another (2488/2016) [2020] ZAGPJHC 62 (10 February 2020)

Chabula v RMB Private Bank and Another (2488/2016) [2020] ZAGPJHC 62 (10 February 2020)

The court found that there was no reasonable prospect that another court would reach a different conclusion regarding the orders made by Botha AJ. The applicant had failed to demonstrate that the mortgage loan agreement was reinstated under section 129(3) of the National Credit Act, and all previous applications for leave to appeal had been dismissed. The court held that there were no compelling reasons for the appeal to be heard and that the requirements for leave to appeal under section 17(1)(a) of the Superior Courts Act were not met. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2020] ZAGPJHC 62
Parties
Appellant: Palesa Pamela Chabula; Respondent: RMB Private Bank; Respondent: Saddlebrook Residents Association PLC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 February 2020
Case Number
2488/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Orders of Botha AJ
Outcome
Application for leave to appeal dismissed with costs.
Judges
Senyatsi
Legal Topics
Leave to Appeal Requirements, Mortgage Foreclosure, Eviction Proceedings, Rescission of Judgment, National Credit Act Section 129
Civil Procedure Land and Property Leave to Appeal Requirements Mortgage Foreclosure Eviction Proceedings Rescission of Judgment National Credit Act Section 129

Case Brief

Summary, issues, holding and outcome

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Parties

Palesa Pamela Chabula

Appellant

RMB Private Bank

Respondent

Saddlebrook Residents Association PLC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Orders of Botha AJ

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court would reach a different conclusion on the judgment and orders of Botha AJ.
  2. 2 Whether the mortgage loan agreement between the applicant and the first respondent was reinstated in terms of section 129(3) of the National Credit Act.
  3. 3 Whether there are compelling reasons for leave to appeal to be granted.

Ratio Decidendi

The court found that there was no reasonable prospect that another court would reach a different conclusion regarding the orders made by Botha AJ. The applicant had failed to demonstrate that the mortgage loan agreement was reinstated under section 129(3) of the National Credit Act, and all previous applications for leave to appeal had been dismissed. The court held that there were no compelling reasons for the appeal to be heard and that the requirements for leave to appeal under section 17(1)(a) of the Superior Courts Act were not met. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.