Ndziba N.O and Others v ABSA Bank Limited (Leave to Appeal) (13189/2014) [2025] ZAGPPHC 123 (14 February 2025)

Ndziba N.O and Others v ABSA Bank Limited (Leave to Appeal) (13189/2014) [2025] ZAGPPHC 123 (14 February 2025)

The court found that the orders granted on 14 November 2024 were purely procedural and not final in nature. In terms of Section 16(2)(a)(i) of the Superior Courts Act, such orders do not have a practical effect or result and are therefore not appealable. Furthermore, the court held that there were no reasonable prospects of success on appeal as required by Section 17 of the Act. Accordingly, leave to appeal was dismissed with costs.

Citation
[2025] ZAGPPHC 123
Parties
Applicant: L N Ndziba N.O.; Applicant: Mvyo Mvelase Ndziba; Applicant: Lindelwa Nobantu Ndziba; Respondent: ABSA Bank Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 February 2025
Case Number
13189/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 14 November 2024.
Outcome
Leave to appeal is dismissed with costs.
Judges
S. Potterill
Legal Topics
Leave to Appeal, Superior Courts Act, Procedural Orders, Prospects of Success
Civil Procedure Leave to Appeal Superior Courts Act Procedural Orders Prospects of Success

Case Brief

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Parties

L N Ndziba N.O.

Applicant

Mvyo Mvelase Ndziba

Applicant

Lindelwa Nobantu Ndziba

Applicant

ABSA Bank Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 14 November 2024.

Legal Issues

  1. 1 Whether the orders granted on 14 November 2024 are appealable.
  2. 2 Whether leave to appeal should be granted in light of the procedural nature of the orders.
  3. 3 Whether there are reasonable prospects of success on appeal.

Ratio Decidendi

The court found that the orders granted on 14 November 2024 were purely procedural and not final in nature. In terms of Section 16(2)(a)(i) of the Superior Courts Act, such orders do not have a practical effect or result and are therefore not appealable. Furthermore, the court held that there were no reasonable prospects of success on appeal as required by Section 17 of the Act. Accordingly, leave to appeal was dismissed with costs.

Court Disposition

Leave to appeal is dismissed with costs.

Orders

  • Leave to appeal is dismissed.
  • The applicants are ordered to pay the costs of the application.