Firstrand Bank Limited v Maseng and Others (23082/22) [2023] ZAGPPHC 680 (3 August 2023)

Firstrand Bank Limited v Maseng and Others (23082/22) [2023] ZAGPPHC 680 (3 August 2023)

The court granted condonation for the late filing of the application for leave to appeal, noting the application was terse and sparse but sufficient for indulgence. However, the application for leave to appeal was dismissed as it disclosed no reasonable prospects of success. The respondents failed to provide admissible evidence regarding non-receipt of the section 129 notice, relying on hearsay post office letters without supporting affidavits from their authors. The court found no merit in the argument that written explanations alone sufficed, and no authority was presented to support the proposition that National Credit Act matters are exempt from normal hearsay rules. The court...

Citation
[2023] ZAGPPHC 680
Parties
Applicant: Firstrand Bank Limited; Respondent: Thulaganyo Maseng; Respondent: Dimakatso Lucricia Maseng; Respondent: City of Ekurhuleni Municipality; Respondent: Midstream Hill Home Owners' Association
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 August 2023
Case Number
23082/22
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Opposed Motion Judgment
Outcome
Application for leave to appeal dismissed with costs; condonation for late filing granted.
Judges
Reinard Michau
Legal Topics
National Credit Act, Section 129 Notice, Condonation for Late Filing, Hearsay Evidence, Costs on Attorney and Client Scale
Civil Procedure Banking and Finance National Credit Act Section 129 Notice Condonation for Late Filing Hearsay Evidence Costs on Attorney and Client Scale

Case Brief

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Parties

Firstrand Bank Limited

Applicant

Thulaganyo Maseng

Respondent

Dimakatso Lucricia Maseng

Respondent

City of Ekurhuleni Municipality

Respondent

Midstream Hill Home Owners' Association

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Opposed Motion Judgment

Legal Issues

  1. 1 Whether condonation for the late filing of the application for leave to appeal should be granted.
  2. 2 Whether the application for leave to appeal discloses reasonable prospects of success.
  3. 3 Whether the court erred in disregarding post office letters as proof of non-receipt of section 129 notice.

Ratio Decidendi

The court granted condonation for the late filing of the application for leave to appeal, noting the application was terse and sparse but sufficient for indulgence. However, the application for leave to appeal was dismissed as it disclosed no reasonable prospects of success. The respondents failed to provide admissible evidence regarding non-receipt of the section 129 notice, relying on hearsay post office letters without supporting affidavits from their authors. The court found no merit in the argument that written explanations alone sufficed, and no authority was presented to support the proposition that National Credit Act matters are exempt from normal hearsay rules. The court...

Court Disposition

Application for leave to appeal dismissed with costs; condonation for late filing granted.

Orders

  • The matter set down for 11 May 2023 is confirmed as adjourned sine die with costs reserved.
  • Condonation for the late filing of the leave to appeal is granted.