Liquidators (Small and Medium Enterprises Bank Limited) v MET Bank Limited (A2023/043983) [2023] ZAGPJHC 1353 (21 November 2023)

Liquidators (Small and Medium Enterprises Bank Limited) v MET Bank Limited (A2023/043983) [2023] ZAGPJHC 1353 (21 November 2023)

The court held that the appellant failed to make out a case for the appeal to proceed without a complete record, specifically the written reasons for the magistrate’s decision. The appellant was aware of the option to apply for a mandamus to compel the magistrate to provide reasons but chose not to pursue it. The absence of written reasons was a fatal omission, and the court was not persuaded by the appellant’s arguments or the authorities cited. The court found it imperative to have the basis and reasons underpinning the decision being appealed, and the attempt to explain the magistrate’s reasoning from the bar was insufficient. Consequently, the appeal could not be entertained without a...

Citation
[2023] ZAGPJHC 1353
Parties
Appellant: Liquidators (Small and Medium Enterprises Bank Limited) [S.M.E Limited of Zimbabwe]; Respondent: MET Bank Limited (formerly known as Metropolitan Bank Limited of Zimbabwe)
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 November 2023
Case Number
A2023/043983
Procedural Posture
Civil Appeal / Appeal From Randburg Magistrate Court Order Dated 7 December 2022
Outcome
Appeal struck off the roll.
Judges
Botsi-Thulare, Noko
Legal Topics
Enforcement of Foreign Judgments, Incomplete Record on Appeal, Magistrates Court Appeal, Mandamus for Written Reasons
Civil Procedure Enforcement of Foreign Judgments Incomplete Record on Appeal Magistrates Court Appeal Mandamus for Written Reasons

Case Brief

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Parties

Liquidators (Small and Medium Enterprises Bank Limited) [S.M.E Limited of Zimbabwe]

Appellant

MET Bank Limited (formerly known as Metropolitan Bank Limited of Zimbabwe)

Respondent

Procedural Posture

Civil Appeal / Appeal From Randburg Magistrate Court Order Dated 7 December 2022

Legal Issues

  1. 1 Whether the court of appeal should consider the appeal where the record is incomplete.
  2. 2 Whether the appellant has made out a case to set aside the judgment and order of the court a quo.

Ratio Decidendi

The court held that the appellant failed to make out a case for the appeal to proceed without a complete record, specifically the written reasons for the magistrate’s decision. The appellant was aware of the option to apply for a mandamus to compel the magistrate to provide reasons but chose not to pursue it. The absence of written reasons was a fatal omission, and the court was not persuaded by the appellant’s arguments or the authorities cited. The court found it imperative to have the basis and reasons underpinning the decision being appealed, and the attempt to explain the magistrate’s reasoning from the bar was insufficient. Consequently, the appeal could not be entertained without a...

Court Disposition

Appeal struck off the roll.

Orders

  • The appeal is struck off the roll.