Mathibe v Faku and Others (41861/2020) [2021] ZAGPJHC 787 (8 December 2021)

Mathibe v Faku and Others (41861/2020) [2021] ZAGPJHC 787 (8 December 2021)

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The interpretation of Rule 45 requiring notice prior to attachment was addressed in the original judgment, and the court was not persuaded that another court would reach a different conclusion. The patent error identified by the applicants regarding service dates was deemed immaterial and did not affect the outcome. All grounds raised by the applicants had been considered and rejected in the original judgment. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2021] ZAGPJHC 787
Parties
Applicant: Ajamal Jefferson Mathibe; Respondent: Thando Faku; Respondent: Phathiswa Faku; Respondent: First National Bank; Respondent: Bidvest Bank Limited; Respondent: The Sheriff Central Johannesburg; Respondent: The Sheriff Sandton, South; Respondent: Noroc NTP Consortium (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 December 2021
Case Number
41861/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Writ of Execution and Attachment of Bank Accounts.
Outcome
Application for leave to appeal dismissed with costs.
Judges
E Molahlehi
Legal Topics
Leave to Appeal, Writ of Execution, Attachment of Bank Accounts, Rule 45 Interpretation, Costs Order
Civil Procedure Leave to Appeal Writ of Execution Attachment of Bank Accounts Rule 45 Interpretation Costs Order

Case Brief

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Parties

Ajamal Jefferson Mathibe

Applicant

Thando Faku

Respondent

Phathiswa Faku

Respondent

First National Bank

Respondent

Bidvest Bank Limited

Respondent

The Sheriff Central Johannesburg

Respondent

The Sheriff Sandton, South

Respondent

Noroc NTP Consortium (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Writ of Execution and Attachment of Bank Accounts.

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the judgment declaring the writ of execution and attachment of bank accounts null and void.
  2. 2 Whether the court erred in interpreting Rule 45 as requiring notice prior to the attachment of bank accounts.
  3. 3 Whether a patent error in the judgment regarding service of notice warrants leave to appeal.

Ratio Decidendi

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The interpretation of Rule 45 requiring notice prior to attachment was addressed in the original judgment, and the court was not persuaded that another court would reach a different conclusion. The patent error identified by the applicants regarding service dates was deemed immaterial and did not affect the outcome. All grounds raised by the applicants had been considered and rejected in the original judgment. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The applicants' application for leave to appeal is dismissed with costs.