Rametsi and Another v Absa Bank Limited and Others (61276/2013) [2014] ZAGPPHC 820 (23 October 2014)

Rametsi and Another v Absa Bank Limited and Others (61276/2013) [2014] ZAGPPHC 820 (23 October 2014)

The application for leave to appeal is dismissed because the applicants failed to join parties with a direct and substantial interest in the proceedings, including the purchaser of the property and the Registrar of Deeds. The applicants also did not follow proper procedures for rescission of judgment or cancellation of title. The court finds that another court would not come to a different conclusion, and the grounds advanced do not warrant leave to appeal. The state of the court file was lamentable, but the court declines to make a costs order against the applicants or their attorney in this application, although the original costs order stands.

Citation
[2014] ZAGPPHC 820
Parties
Applicant: Medupi Lucas Rametsi; Applicant: Enily Dipuo Rametsi; Respondent: Absa Bank Limited; Respondent: Garrison Lesibana Rametsi; Respondent: Salome Rametsi; Respondent: Pulani Vincent Rametsi; Respondent: Acting Sheriff Wonderboom
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 October 2014
Case Number
61276/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Sale in Execution
Outcome
Application for leave to appeal dismissed.
Judges
Neukircher AJ
Legal Topics
Leave to Appeal, Sale in Execution, Rescission of Judgment, Joinder of Parties, Deeds Registries Act
Civil Procedure Land and Property Leave to Appeal Sale in Execution Rescission of Judgment Joinder of Parties Deeds Registries Act

Case Brief

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Parties

Medupi Lucas Rametsi

Applicant

Enily Dipuo Rametsi

Applicant

Absa Bank Limited

Respondent

Garrison Lesibana Rametsi

Respondent

Salome Rametsi

Respondent

Pulani Vincent Rametsi

Respondent

Acting Sheriff Wonderboom

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Sale in Execution

Legal Issues

  1. 1 Whether leave to appeal should be granted on the grounds advanced by the applicants.
  2. 2 Whether the failure to join interested parties, including the purchaser and Registrar of Deeds, is fatal to the application.
  3. 3 Whether the applicants are entitled to reinstatement of the property without proper procedure.

Ratio Decidendi

The application for leave to appeal is dismissed because the applicants failed to join parties with a direct and substantial interest in the proceedings, including the purchaser of the property and the Registrar of Deeds. The applicants also did not follow proper procedures for rescission of judgment or cancellation of title. The court finds that another court would not come to a different conclusion, and the grounds advanced do not warrant leave to appeal. The state of the court file was lamentable, but the court declines to make a costs order against the applicants or their attorney in this application, although the original costs order stands.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • No costs order is made in this application; the original costs order stands.