Makua v Firstrand Bank Limited (First National Bank of Southern Africa Limited) (Reasons on Leave to Appeal) (18093/21) [2025] ZAGPPHC 785 (6 August 2025)

Makua v Firstrand Bank Limited (First National Bank of Southern Africa Limited) (Reasons on Leave to Appeal) (18093/21) [2025] ZAGPPHC 785 (6 August 2025)

The court found that the applicant failed to meet the threshold for leave to appeal as set out in section 17 of the Superior Courts Act. The applicant did not demonstrate reasonable prospects of success or compelling reasons for the appeal to be heard. His grounds for leave to appeal were vague, shifting, and not substantiated with clear factual or legal errors. The applicant's case changed between the court a quo and the present application, introducing new arguments not previously ventilated. The court held that the interests of justice do not permit a litigant to continually shift their case. The applicant failed to show how the court a quo erred in fact or law, and his grounds...

Citation
[2025] ZAGPPHC 785
Parties
Applicant: Lekolota Abram Makua; Respondent: Firstrand Bank Limited (First National Bank of Southern Africa Limited)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 August 2025
Case Number
18093/21
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment and Order Delivered by Court a Quo
Outcome
Application for leave to appeal dismissed with costs.
Judges
Phooko
Legal Topics
Leave to Appeal Threshold, Postponement, Costs Order, Ombudsman Referral, National Credit Act, Constitutional Rights
Civil Procedure Banking and Finance Leave to Appeal Threshold Postponement Costs Order Ombudsman Referral National Credit Act Constitutional Rights

Case Brief

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Parties

Lekolota Abram Makua

Applicant

Firstrand Bank Limited (First National Bank of Southern Africa Limited)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment and Order Delivered by Court a Quo

Legal Issues

  1. 1 Whether there are reasonable prospects that the appeal would succeed if leave to appeal is granted.
  2. 2 Whether there is a compelling reason for the appeal to be heard under section 17(1)(a)(ii) of the Superior Courts Act.
  3. 3 Whether the refusal of postponement and the costs order against the applicant were erroneous in law or fact.

Ratio Decidendi

The court found that the applicant failed to meet the threshold for leave to appeal as set out in section 17 of the Superior Courts Act. The applicant did not demonstrate reasonable prospects of success or compelling reasons for the appeal to be heard. His grounds for leave to appeal were vague, shifting, and not substantiated with clear factual or legal errors. The applicant's case changed between the court a quo and the present application, introducing new arguments not previously ventilated. The court held that the interests of justice do not permit a litigant to continually shift their case. The applicant failed to show how the court a quo erred in fact or law, and his grounds...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal to the full bench is dismissed with costs, costs to be on party-party scale.