Molusi and Another v Standard Bank of South Africa Limited (32613/2020) [2024] ZAGPPHC 286 (25 March 2024)

Molusi and Another v Standard Bank of South Africa Limited (32613/2020) [2024] ZAGPPHC 286 (25 March 2024)

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The grounds advanced were either matters of weight or procedural technicalities that did not establish a bona fide defence or a triable issue. The alleged misdirection regarding service of the section 129 notice at the incorrect post office branch was raised for the first time in the leave to appeal and was not part of the original proceedings. The court held that the applicants did not make out a case for leave to appeal, as required by section 17 of the Superior Courts Act. The application for leave to appeal was accordingly dismissed with costs.

Citation
[2024] ZAGPPHC 286
Parties
Applicant: Stranger Zikie Molusi; Applicant: Dedrea Carmen Yvonne Molusi; Respondent: The Standard Bank of South Africa Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 March 2024
Case Number
32613/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Summary Judgment Order
Outcome
Leave to appeal is dismissed with costs.
Judges
Vuma
Legal Topics
Leave to Appeal, Summary Judgment, Section 129 Notice, Mortgage Enforcement, Consumer Protection, Costs Order
Civil Procedure Banking and Finance Leave to Appeal Summary Judgment Section 129 Notice Mortgage Enforcement Consumer Protection Costs Order

Case Brief

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Parties

Stranger Zikie Molusi

Applicant

Dedrea Carmen Yvonne Molusi

Applicant

The Standard Bank of South Africa Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Summary Judgment Order

Legal Issues

  1. 1 Whether the applicants have demonstrated reasonable prospects of success on appeal against the summary judgment.
  2. 2 Whether the respondent complied with the requirements for service of the section 129 notice under the National Credit Act.
  3. 3 Whether the applicants were prejudiced by the alleged failure to serve the section 129 notice at their primary residence or correct post office branch.

Ratio Decidendi

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The grounds advanced were either matters of weight or procedural technicalities that did not establish a bona fide defence or a triable issue. The alleged misdirection regarding service of the section 129 notice at the incorrect post office branch was raised for the first time in the leave to appeal and was not part of the original proceedings. The court held that the applicants did not make out a case for leave to appeal, as required by section 17 of the Superior Courts Act. The application for leave to appeal was accordingly dismissed with costs.

Court Disposition

Leave to appeal is dismissed with costs.

Orders

  • Leave to appeal is dismissed with costs.