Nedbank Limited v Kuni and Others (31087/2019) [2022] ZAGPPHC 357 (25 May 2022)

Nedbank Limited v Kuni and Others (31087/2019) [2022] ZAGPPHC 357 (25 May 2022)

The court found that, in terms of Rule 49(1)(b) of the Uniform Rules of Court, the first respondent was entitled to request written reasons for the order granted on 25 January 2022 and was not out of time to note an application for leave to appeal. The respondent's right to appeal only accrues upon receipt of the reasons for judgment, and the fifteen-day period for filing the application for leave to appeal runs from the date of receipt of those reasons. Accordingly, the applicant's application to declare the property executable was postponed pending the provision of written reasons, and the respondent was directed to file his application for leave to appeal within fifteen days of...

Citation
[2022] ZAGPPHC 357
Parties
Applicant: Nedbank Limited; Respondent: Renovgavathie Kuni; Respondent: S B Guarantee Co RF (Pty) Ltd; Respondent: Labolilano Trading 50 (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 May 2022
Case Number
31087/2019
Procedural Posture
Civil Application / Postponement Pending Reasons for Judgment
Outcome
Application postponed pending provision of written reasons for the order of 25 January 2022; respondent to file application for leave to appeal within fifteen days of receipt of reasons; costs reserved.
Judges
Maubane
Legal Topics
Specific Executability, Uniform Rules of Court Rule 46, Leave to Appeal, Costs Award
Civil Procedure Land and Property Specific Executability Uniform Rules of Court Rule 46 Leave to Appeal Costs Award

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Nedbank Limited

Applicant

Renovgavathie Kuni

Respondent

S B Guarantee Co RF (Pty) Ltd

Respondent

Labolilano Trading 50 (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Postponement Pending Reasons for Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to have the respondent's immovable property declared specifically executable under Rule 46 of the Uniform Rules of Court.
  2. 2 Whether the respondent's application for leave to appeal was timeously filed in terms of Rule 49(1)(b).
  3. 3 Whether the applicant's application should proceed on an unopposed basis or be postponed pending written reasons for the previous order.

Ratio Decidendi

The court found that, in terms of Rule 49(1)(b) of the Uniform Rules of Court, the first respondent was entitled to request written reasons for the order granted on 25 January 2022 and was not out of time to note an application for leave to appeal. The respondent's right to appeal only accrues upon receipt of the reasons for judgment, and the fifteen-day period for filing the application for leave to appeal runs from the date of receipt of those reasons. Accordingly, the applicant's application to declare the property executable was postponed pending the provision of written reasons, and the respondent was directed to file his application for leave to appeal within fifteen days of...

Court Disposition

Application postponed pending provision of written reasons for the order of 25 January 2022; respondent to file application for leave to appeal within fifteen days of receipt of reasons; costs reserved.

Orders

  • The applicant's application on an unopposed basis is postponed pending receipt of reasons for the order granted on 25 January 2022 by Justice Tlhapi to the first respondent.
  • The first respondent must file his application for leave to appeal within fifteen days of receipt of reasons for the judgment or order of 25 January 2022.