Holtzman and Others v Sign and Seal Trading 32 (Pty) Limited (9179/2017) [2022] ZAGPPHC 932 (25 November 2022)

Holtzman and Others v Sign and Seal Trading 32 (Pty) Limited (9179/2017) [2022] ZAGPPHC 932 (25 November 2022)

The Court found that the defendants failed to provide direct evidence from a witness with personal knowledge of the financial affairs of the first defendant and the alleged loan repayments by Tara. The absence of testimony from Blend and the lack of relevant bank statements from the first defendant were critical deficiencies. The evidence of Mr McAllorum was insufficient, as he lacked personal knowledge and was not directly involved in the financial management of the first defendant. The Court held that there were no reasonable prospects of success on appeal, as the defendants did not discharge the onus required to challenge the original judgment and order. Accordingly, the application...

Citation
[2022] ZAGPPHC 932
Parties
Plaintiff: Zelda Lynn Holtzman; Plaintiff: The Executor in the Estate of the Late Alan Dunne N.O.; Defendant: Sign and Seal Trading 32 (Pty) Limited; Defendant: Bullet Proof Investments (Pty) Limited; Defendant: Into SA Tshwane (Pty) Limited; Defendant: Ralph Michael Ertner
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 November 2022
Case Number
9179/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 26 September 2022.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Bester AJ
Legal Topics
Leave to Appeal, Prospects of Success, Onus of Proof, Admissibility of Evidence
Civil Procedure Leave to Appeal Prospects of Success Onus of Proof Admissibility of Evidence

Case Brief

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Parties

Zelda Lynn Holtzman

Plaintiff

The Executor in the Estate of the Late Alan Dunne N.O.

Plaintiff

Sign and Seal Trading 32 (Pty) Limited

Defendant

Bullet Proof Investments (Pty) Limited

Defendant

Into SA Tshwane (Pty) Limited

Defendant

Ralph Michael Ertner

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 26 September 2022.

Legal Issues

  1. 1 Whether the defendants have reasonable prospects of success on appeal against the judgment and order dated 26 September 2022.
  2. 2 Whether the evidence presented by the defendants was sufficient to discharge the onus regarding the alleged loan repayments.
  3. 3 Whether the absence of direct evidence from Blend or relevant bank statements undermined the defendants' case.

Ratio Decidendi

The Court found that the defendants failed to provide direct evidence from a witness with personal knowledge of the financial affairs of the first defendant and the alleged loan repayments by Tara. The absence of testimony from Blend and the lack of relevant bank statements from the first defendant were critical deficiencies. The evidence of Mr McAllorum was insufficient, as he lacked personal knowledge and was not directly involved in the financial management of the first defendant. The Court held that there were no reasonable prospects of success on appeal, as the defendants did not discharge the onus required to challenge the original judgment and order. Accordingly, the application...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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