Firstrand Bank Limited v Kona and Another (13136/2012(b)) [2014] ZAGPPHC 216 (20 March 2014)

Firstrand Bank Limited v Kona and Another (13136/2012(b)) [2014] ZAGPPHC 216 (20 March 2014)

The court found that there are reasonable prospects of success in the appeal and that the matter involves a question of law of importance. Accordingly, leave to appeal is granted to the Supreme Court of Appeal. The costs of the application for leave to appeal will be costs in the appeal.

Citation
[2014] ZAGPPHC 216
Parties
Applicant: Firstrand Bank Limited; Respondent: Raymond Clyde Kona; Respondent: Amie Gertrude Kona
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 March 2014
Case Number
13136/2012(b)
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal
Outcome
Leave to appeal granted to the Supreme Court of Appeal. Costs of the application to be costs in the appeal.
Judges
A.M.L. Phatudi
Legal Topics
Leave to Appeal, Prospects of Success, Important Question of Law
Civil Procedure Leave to Appeal Prospects of Success Important Question of Law

Case Brief

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Parties

Firstrand Bank Limited

Applicant

Raymond Clyde Kona

Respondent

Amie Gertrude Kona

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal

Legal Issues

  1. 1 Whether there are reasonable prospects of success on appeal.
  2. 2 Whether the appeal involves a question of law of importance warranting consideration by the Supreme Court of Appeal.

Ratio Decidendi

The court found that there are reasonable prospects of success in the appeal and that the matter involves a question of law of importance. Accordingly, leave to appeal is granted to the Supreme Court of Appeal. The costs of the application for leave to appeal will be costs in the appeal.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal. Costs of the application to be costs in the appeal.

Orders

  • Leave to appeal is hereby granted to the Supreme Court of Appeal.
  • Costs of this application shall be costs in the appeal.