Chiura and Another v Absa Bank Limited and Others (29 November 2016) (7580/2007; 1730/2013; 20740/2013) [2016] ZAGPPHC 972 (29 November 2016)

Chiura and Another v Absa Bank Limited and Others (29 November 2016) (7580/2007; 1730/2013; 20740/2013) [2016] ZAGPPHC 972 (29 November 2016)

The court found that the applicants failed to provide any substantiated grounds for appeal and did not supplement their notice despite being given an opportunity. The arguments advanced were vague and bald, lacking any basis to suggest a reasonable prospect of success on appeal. The reasons for the original judgment were comprehensive and did not warrant repetition. Consequently, there was no compelling reason to grant leave to appeal, and the application was dismissed. Given the lack of foundation for the grounds of appeal, the court found it appropriate to grant an exemplary costs order against the applicants on the attorney and client scale.

Citation
[2016] ZAGPPHC 972
Parties
Applicant: Shepard Tendayi Chiura; Applicant: Ester Chiura; Respondent: Absa Bank Limited; Respondent: Nedbank Limited; Respondent: Shlomo Mishan; Respondent: Miriam Mishan; Respondent: Sheriff Halfway House; Respondent: Registrar of Deeds, Pretoria; Respondent: Joyspring Trade & Investments 11 (Pty) Ltd; Respondent: Richard Ngwenya & Partners; Respondent: Webber Wentzel Attorneys
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 November 2016
Case Number
7580/2007; 1730/2013; 20740/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application and Granting of Counter Application Orders.
Outcome
Application for leave to appeal dismissed with costs on an attorney and client scale.
Judges
T Brenner
Legal Topics
Leave to Appeal, Costs on Attorney and Client Scale, Counter Application, Grounds of Appeal
Civil Procedure Leave to Appeal Costs on Attorney and Client Scale Counter Application Grounds of Appeal

Case Brief

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Parties

Shepard Tendayi Chiura

Applicant

Ester Chiura

Applicant

Absa Bank Limited

Respondent

Nedbank Limited

Respondent

Shlomo Mishan

Respondent

Miriam Mishan

Respondent

Sheriff Halfway House

Respondent

Registrar of Deeds, Pretoria

Respondent

Joyspring Trade & Investments 11 (Pty) Ltd

Respondent

Richard Ngwenya & Partners

Respondent

Webber Wentzel Attorneys

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application and Granting of Counter Application Orders.

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the order of 3 November 2016.
  2. 2 Whether there are compelling reasons for granting leave to appeal.
  3. 3 Whether an exemplary costs order is warranted.

Ratio Decidendi

The court found that the applicants failed to provide any substantiated grounds for appeal and did not supplement their notice despite being given an opportunity. The arguments advanced were vague and bald, lacking any basis to suggest a reasonable prospect of success on appeal. The reasons for the original judgment were comprehensive and did not warrant repetition. Consequently, there was no compelling reason to grant leave to appeal, and the application was dismissed. Given the lack of foundation for the grounds of appeal, the court found it appropriate to grant an exemplary costs order against the applicants on the attorney and client scale.

Court Disposition

Application for leave to appeal dismissed with costs on an attorney and client scale.

Orders

  • The applicants' application for leave to appeal against the order dated 3 November 2016, read with the judgment dated 21 November 2016, is dismissed.
  • The applicants are directed to pay the costs of the application on a scale as between attorney and client.