Meisel N.O. and Others v Land and Agricultural Development Bank of South Africa (23733/12) [2018] ZAGPPHC 269 (19 April 2018)

Meisel N.O. and Others v Land and Agricultural Development Bank of South Africa (23733/12) [2018] ZAGPPHC 269 (19 April 2018)

The court considered the submissions of both parties and the grounds for leave to appeal. Applying section 17(1)(a)(i) of the Superior Courts Act, the judge found that the applicants had not demonstrated reasonable prospects of success on appeal, either in respect of the main judgment or the costs order. The application for leave to appeal was therefore dismissed with costs.

Citation
[2018] ZAGPPHC 269
Parties
Applicant: Melita Meisel N.O.; Applicant: Lydia Moroesi Sihlangu N.O.; Applicant: Mandla Jonathan Shumba; Applicant: Desmond Khalid Golding; Applicant: Lindiwe Michelle Maseko; Applicant: Keneliwe Lydia Sebego; Applicant: Judith Susan Bornman; Applicant: Gezina Dorothea van Rooyen; Applicant: Ngwane Roux Shabangu; Applicant: Anton Johannes du Plessis; Applicant: Van Rooyen N.O.; Respondent: Land & Agricultural Development Bank of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 April 2018
Case Number
23733/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
AC Basson
Legal Topics
Leave to Appeal, Reasonable Prospects of Success, Costs Award
Civil Procedure Leave to Appeal Reasonable Prospects of Success Costs Award

Case Brief

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Parties

Melita Meisel N.O.

Applicant

Lydia Moroesi Sihlangu N.O.

Applicant

Mandla Jonathan Shumba

Applicant

Desmond Khalid Golding

Applicant

Lindiwe Michelle Maseko

Applicant

Keneliwe Lydia Sebego

Applicant

Judith Susan Bornman

Applicant

Gezina Dorothea van Rooyen

Applicant

Ngwane Roux Shabangu

Applicant

Anton Johannes du Plessis

Applicant

Van Rooyen N.O.

Applicant

Land & Agricultural Development Bank of South Africa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the judgment dated 6 October 2017.
  2. 2 Whether leave to appeal should be granted under section 17(1)(a)(i) of the Superior Courts Act, 10 of 2013.
  3. 3 Whether the applicants have reasonable prospects of success regarding the costs order.

Ratio Decidendi

The court considered the submissions of both parties and the grounds for leave to appeal. Applying section 17(1)(a)(i) of the Superior Courts Act, the judge found that the applicants had not demonstrated reasonable prospects of success on appeal, either in respect of the main judgment or the costs order. The application for leave to appeal was therefore dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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