Mncube v Standard Bank of South Africa Ltd and Others (37866/2014) [2016] ZAGPPHC 271 (29 April 2016)
The court considered the application for condonation and the application for leave to appeal. After hearing arguments and reviewing the matter, the court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The reasons for the original judgment were deemed sufficient and need not...
Source-derived case information.
- Citation
- [2016] ZAGPPHC 271
- Parties
- Applicant: Themba James Mncube; Respondent: Standard Bank of South Africa Ltd; Respondent: Maria Maponya; Respondent: The Registrar of Deeds, Johannesburg; Respondent: The Sheriff, Thembisa
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 37866/2014
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- Holland-Muter
- Legal Topics
- Leave to Appeal, Condonation for Late Filing
Source-derived case record
Summary, issues, holding and outcome
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Parties
Themba James Mncube
Applicant
Standard Bank of South Africa Ltd
Respondent
Maria Maponya
Respondent
The Registrar of Deeds, Johannesburg
Respondent
The Sheriff, Thembisa
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Legal Issues
- 1 Whether condonation for the late filing of the application for leave to appeal should be granted.
- 2 Whether there are reasonable prospects of success on appeal.
Ratio Decidendi
The court considered the application for condonation and the application for leave to appeal. After hearing arguments and reviewing the matter, the court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The reasons for the original judgment were deemed sufficient and need not be repeated. Consequently, the application for leave to appeal was dismissed with costs.
Court Disposition
Application for leave to appeal dismissed with costs.
Orders
- The application for leave to appeal is dismissed with costs.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Date: 29 April 2016
Case No: 37866/2014
Not reportable
Not of interest to other judges
Revised.
In matter between:
THEMBA JAMES MNCUBE Applicant
And
STANDARD BANK OF SOUTH AFRICA LTD 1st Respondent
MARIA MAPONYA 2nd Respondent
THE REGSITRAR OF DEEDS, JOHANNESBURG 3rd Respondent
THE SHERIFF, THEMBISA 4th Respondent
JUDGMENT (LEAVE TO APPEAL)
Holland-Muter AJ:
1. Judgment is this matter was handed down on 21 January 2016. The leave to appeal was only brought to my attention during April 2016. The application for leave to appeal was accompanied by an application for condonation for the late filing of the application for leave to appeal. I considered the condonation application and decided to hear the application for leave to appeal.
2. After hearing arguments by counsel and considering the application for leave to appeal, I considered the matter again.
3. The reasons for the judgment is contained in the judgment and I need not repeat it here.
4. I am of the view that there is no reasonable prospect on success on appeal in this matter.
Order:
5. The application for leave to appeal is dismissed with costs.
_____________________
A/J HOLLAND-MÜTER
29 April 2016