Makgato and Another v Absa Bank Limited and Another (47219/2007) [2017] ZAGPPHC 446 (31 July 2017)

Makgato and Another v Absa Bank Limited and Another (47219/2007) [2017] ZAGPPHC 446 (31 July 2017)

The court found that the applicants had demonstrated reasonable prospects of success on appeal and that the issues raised are of sufficient substance to warrant consideration by a Full Bench. Accordingly, leave to appeal was granted. Costs were ordered to be costs in the appeal, following the general principle that...

Source-derived case information.

Citation
[2017] ZAGPPHC 446
Parties
Applicant: Mothabela Kgolo Ephraim Makgato; Applicant: Thizwilondi Sharon Makgato; Respondent: Absa Bank Limited; Respondent: Shammy Luvengo
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Case Number
47219/2007
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Full Bench
Outcome
Leave to appeal to a Full Bench of this Division is granted. Costs to be costs in the appeal.
Judges
AC Basson
Legal Topics
Leave to Appeal, Costs in the Appeal
Civil Procedure Leave to Appeal Costs in the Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mothabela Kgolo Ephraim Makgato

Applicant

Thizwilondi Sharon Makgato

Applicant

Absa Bank Limited

Respondent

Shammy Luvengo

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Full Bench

Legal Issues

  1. 1 Whether leave to appeal should be granted to a Full Bench of the Division.
  2. 2 Whether costs should be awarded and on what basis.

Ratio Decidendi

The court found that the applicants had demonstrated reasonable prospects of success on appeal and that the issues raised are of sufficient substance to warrant consideration by a Full Bench. Accordingly, leave to appeal was granted. Costs were ordered to be costs in the appeal, following the general principle that costs should follow the result unless special circumstances dictate otherwise.

Court Disposition

Leave to appeal to a Full Bench of this Division is granted. Costs to be costs in the appeal.

Orders

  • Leave to appeal to a Full Bench of this Division is granted.
  • Costs to be costs in the appeal.