Khambule v Absa Bank Limited (2019/003137) [2025] ZAGPJHC 638 (25 June 2025)

Khambule v Absa Bank Limited (2019/003137) [2025] ZAGPJHC 638 (25 June 2025)

The applicant failed to satisfy the stringent test for leave to appeal under Section 17(1) of the Superior Courts Act. Her denial of entering into the second loan agreement and registration of the mortgage bond was unsupported by evidence, particularly in light of the registered bond and power of attorney in the Deeds Office. The respondent was entitled to rely on secondary evidence for summary judgment, and the applicant's contentions did not rise above a mere possibility of success or an arguable case. No compelling reason, such as a significant question of law or public importance, was advanced. The constitutional argument regarding access to justice was addressed in precedent and...

Citation
[2025] ZAGPJHC 638
Parties
Applicant: Millicent Sindisiwe Khambule; Respondent: Absa Bank Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 June 2025
Case Number
2019/003137
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Summary Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
E Raubenheimer
Legal Topics
Summary Judgment, Mortgage Bond, Leave to Appeal, Bona Fide Defence, Access to Justice
Civil Procedure Banking and Finance Summary Judgment Mortgage Bond Leave to Appeal Bona Fide Defence Access to Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Millicent Sindisiwe Khambule

Applicant

Absa Bank Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Summary Judgment

Legal Issues

  1. 1 Whether the applicant has satisfied the threshold for leave to appeal under Section 17(1) of the Superior Courts Act.
  2. 2 Whether the applicant's denial of entering into the second loan agreement and registration of the mortgage bond constitutes a triable issue.
  3. 3 Whether the summary judgment was granted in compliance with Rule 32 and in the absence of fraud.

Ratio Decidendi

The applicant failed to satisfy the stringent test for leave to appeal under Section 17(1) of the Superior Courts Act. Her denial of entering into the second loan agreement and registration of the mortgage bond was unsupported by evidence, particularly in light of the registered bond and power of attorney in the Deeds Office. The respondent was entitled to rely on secondary evidence for summary judgment, and the applicant's contentions did not rise above a mere possibility of success or an arguable case. No compelling reason, such as a significant question of law or public importance, was advanced. The constitutional argument regarding access to justice was addressed in precedent and...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the application.