Chiura and Another v Absa Bank Limited and Others (20740/13,7580/07,1730/13) [2015] ZAGPPHC 261 (8 May 2015)

Chiura and Another v Absa Bank Limited and Others (20740/13,7580/07,1730/13) [2015] ZAGPPHC 261 (8 May 2015)

The court found that the applicants failed to provide a satisfactory explanation for the late filing of their application for leave to appeal. Acting in person does not excuse non-compliance with procedural requirements, but the court considered the interests of justice. The default judgment in favour of Nedbank had not been rescinded and remained valid. The rescission of Tuchten J's order by Van Der Byl AJ was justified because Absa Bank Limited was not cited as a party in the original proceedings, rendering the judgment erroneously granted. The applicants' litigation stance was unlikely to yield the relief they sought, and there were no reasonable prospects that another court would...

Citation
[2015] ZAGPPHC 261
Parties
Applicant: Shepard Tendayi Chiura; Applicant: Ester Chiura; Respondent: Absa Bank Ltd; Respondent: Nedbank Ltd; Respondent: Shlomo Mishan; Respondent: Miriam Mishan; Respondent: Sheriff Halfway House; Respondent: Registrar of Deeds, Pretoria; Respondent: Joyspring Trade & Investment 11 (Pty) Ltd; Respondent: Richard Ngwenya & Partners; Respondent: Webber Wentzel Attorneys
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 May 2015
Case Number
20740/13,7580/07,1730/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Condonation for Late Filing
Outcome
Application for leave to appeal and condonation dismissed with costs.
Judges
A P Ledwaba
Legal Topics
Leave to Appeal, Condonation, Mortgage Bond, Sale in Execution, Rescission of Judgment
Civil Procedure Land and Property Leave to Appeal Condonation Mortgage Bond Sale in Execution Rescission of Judgment

Case Brief

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Parties

Shepard Tendayi Chiura

Applicant

Ester Chiura

Applicant

Absa Bank Ltd

Respondent

Nedbank Ltd

Respondent

Shlomo Mishan

Respondent

Miriam Mishan

Respondent

Sheriff Halfway House

Respondent

Registrar of Deeds, Pretoria

Respondent

Joyspring Trade & Investment 11 (Pty) Ltd

Respondent

Richard Ngwenya & Partners

Respondent

Webber Wentzel Attorneys

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Condonation for Late Filing

Legal Issues

  1. 1 Whether the applicants have provided sufficient grounds for condonation of the late filing of their application for leave to appeal.
  2. 2 Whether there are reasonable prospects that another court would overturn the judgment and order of Van Der Byl AJ.
  3. 3 Whether Absa Bank Limited was entitled to rescission of Tuchten J's order.

Ratio Decidendi

The court found that the applicants failed to provide a satisfactory explanation for the late filing of their application for leave to appeal. Acting in person does not excuse non-compliance with procedural requirements, but the court considered the interests of justice. The default judgment in favour of Nedbank had not been rescinded and remained valid. The rescission of Tuchten J's order by Van Der Byl AJ was justified because Absa Bank Limited was not cited as a party in the original proceedings, rendering the judgment erroneously granted. The applicants' litigation stance was unlikely to yield the relief they sought, and there were no reasonable prospects that another court would...

Court Disposition

Application for leave to appeal and condonation dismissed with costs.

Orders

  • The applicants' application is dismissed with costs.
  • The applicants are to pay the costs, jointly and severally.