Remoja Trust v Firstrand Bank Limited T/A Wesbank (2020/41752) [2024] ZAGPJHC 532 (6 May 2024)

Remoja Trust v Firstrand Bank Limited T/A Wesbank (2020/41752) [2024] ZAGPJHC 532 (6 May 2024)

The application for leave to appeal was dismissed because the applicants failed to set out any valid grounds challenging the court's finding that the notice of bar was an irregular proceeding. The court found that its original decision was based solely on procedural irregularity, not on the issue of nullity or Mr Modupo's standing, and that there was no reasonable prospect that the Full Bench would reach a different conclusion. The applicants' motivation for appeal was not related to the merits of the procedural finding but rather to introduce new evidence regarding the respondent's conduct, which is not a proper basis for leave to appeal. The application was therefore defective and...

Citation
[2024] ZAGPJHC 532
Parties
Applicant: Remoja Trust; Applicant: Refilwe Regina Modupo; Applicant: Mr Jack Modupo; Respondent: Firstrand Bank Limited T/A Wesbank
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 May 2024
Case Number
2020/41752
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Bench Following a Costs Order and Setting Aside of Notice of Bar as Irregular Proceeding.
Outcome
Application for leave to appeal dismissed with costs.
Judges
G Farber
Legal Topics
Irregular Proceedings, Notice of Bar, Leave to Appeal, Costs Award
Civil Procedure Irregular Proceedings Notice of Bar Leave to Appeal Costs Award

Case Brief

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Parties

Remoja Trust

Applicant

Refilwe Regina Modupo

Applicant

Mr Jack Modupo

Applicant

Firstrand Bank Limited T/A Wesbank

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Bench Following a Costs Order and Setting Aside of Notice of Bar as Irregular Proceeding.

Legal Issues

  1. 1 Whether the notice of bar delivered by the applicants constituted an irregular proceeding under Uniform Rule of Court 30.
  2. 2 Whether the applicants have reasonable prospects of success on appeal regarding the procedural finding.
  3. 3 Whether the grounds for leave to appeal are properly set out and valid.

Ratio Decidendi

The application for leave to appeal was dismissed because the applicants failed to set out any valid grounds challenging the court's finding that the notice of bar was an irregular proceeding. The court found that its original decision was based solely on procedural irregularity, not on the issue of nullity or Mr Modupo's standing, and that there was no reasonable prospect that the Full Bench would reach a different conclusion. The applicants' motivation for appeal was not related to the merits of the procedural finding but rather to introduce new evidence regarding the respondent's conduct, which is not a proper basis for leave to appeal. The application was therefore defective and...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The costs of the application are to be paid on the appropriate scale as between party and party, save that those relating to counsel's appearance and that of his attorney after 12 April 2024 and any recoverable post-hearing attendances are to be limited to scale A as contemplated in Rule 67A of the Uniform Rules of...