Moss and Another v Absa Bank Limited (49280/2013,82493/2014) [2015] ZAGPPHC 71 (13 February 2015)

Moss and Another v Absa Bank Limited (49280/2013,82493/2014) [2015] ZAGPPHC 71 (13 February 2015)

The court found that, having considered all arguments and the reasons advanced for leave to appeal, there are no reasonable prospects that another court would reach a different conclusion. The reasons for the original judgment remain valid and applicable. Accordingly, the application for leave to appeal must be dismissed with costs.

Citation
[2015] ZAGPPHC 71
Parties
Applicant: Basil Quinton David Moss & 1; Respondent: Absa Bank Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 February 2015
Case Number
49280/2013,82493/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
C Pretorius
Legal Topics
Leave to Appeal, Costs Award
Civil Procedure Leave to Appeal Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Basil Quinton David Moss & 1

Applicant

Absa Bank Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the previous judgment.
  2. 2 Whether the applicant has demonstrated reasonable prospects of success on appeal.

Ratio Decidendi

The court found that, having considered all arguments and the reasons advanced for leave to appeal, there are no reasonable prospects that another court would reach a different conclusion. The reasons for the original judgment remain valid and applicable. Accordingly, the application for leave to appeal must be dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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