Lebelo v First National Bank (Leave to Appeal) (143809/2024) [2025] ZAGPJHC 728 (21 July 2025)

Lebelo v First National Bank (Leave to Appeal) (143809/2024) [2025] ZAGPJHC 728 (21 July 2025)

The court held that the order removing the application from the urgent roll was not appealable because it did not cause irreparable harm to the applicant. The applicant was free to approach the urgent court again with proper grounds for urgency. The application for leave to appeal was therefore dismissed, as the requirements for appealability were not met.

Citation
[2025] ZAGPJHC 728
Parties
Applicant: Lenah Motlahabo Lebelo; Respondent: First National Bank
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 July 2025
Case Number
143809/2024
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Removal From Urgent Roll
Outcome
Application for leave to appeal dismissed; each party to pay their own costs.
Judges
Wilson
Legal Topics
Appealability of Interlocutory Orders, Urgent Application Procedure
Civil Procedure Appealability of Interlocutory Orders Urgent Application Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Lenah Motlahabo Lebelo

Applicant

First National Bank

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Removal From Urgent Roll

Legal Issues

  1. 1 Whether an order removing a matter from the urgent roll is appealable.
  2. 2 Whether the applicant has established irreparable harm justifying leave to appeal.

Ratio Decidendi

The court held that the order removing the application from the urgent roll was not appealable because it did not cause irreparable harm to the applicant. The applicant was free to approach the urgent court again with proper grounds for urgency. The application for leave to appeal was therefore dismissed, as the requirements for appealability were not met.

Court Disposition

Application for leave to appeal dismissed; each party to pay their own costs.

Orders

  • The application for leave to appeal is dismissed.
  • Each party will pay their own costs.