Sampson v Wesbank a Division of Firstrand Bank Limited (2021/11300) [2023] ZAGPJHC 77 (1 February 2023)

Sampson v Wesbank a Division of Firstrand Bank Limited (2021/11300) [2023] ZAGPJHC 77 (1 February 2023)

The court found that Mr Sampson had already complied with the order requiring him to file heads of argument in the summary judgment application. No relevant or cogent reasons were advanced as to why leave to appeal should be granted. The appeal would have no practical effect or result, as the order had already been complied with. The application for leave to appeal was therefore dismissed.

Citation
[2023] ZAGPJHC 77
Parties
Applicant: Darren Sampson; Respondent: Wesbank (a Division of Firstrand Bank Limited)
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 February 2023
Case Number
2021/11300
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following an Interlocutory Order in Summary Judgment Proceedings
Outcome
Application for leave to appeal dismissed.
Judges
K Hofmeyr
Legal Topics
Leave to Appeal, Interlocutory Order, Summary Judgment, Filing of Heads of Argument
Civil Procedure Leave to Appeal Interlocutory Order Summary Judgment Filing of Heads of Argument

Case Brief

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Parties

Darren Sampson

Applicant

Wesbank (a Division of Firstrand Bank Limited)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following an Interlocutory Order in Summary Judgment Proceedings

Legal Issues

  1. 1 Whether leave to appeal should be granted against an interlocutory order requiring the applicant to file heads of argument in a summary judgment application.
  2. 2 Whether the appeal would have any practical effect given the applicant's compliance with the order.

Ratio Decidendi

The court found that Mr Sampson had already complied with the order requiring him to file heads of argument in the summary judgment application. No relevant or cogent reasons were advanced as to why leave to appeal should be granted. The appeal would have no practical effect or result, as the order had already been complied with. The application for leave to appeal was therefore dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.