Sasfin Bank Limited and Another v Baitshoki Secondary School (Leave to Appeal) (6696/2022) [2025] ZAGPJHC 702 (21 July 2025)

Sasfin Bank Limited and Another v Baitshoki Secondary School (Leave to Appeal) (6696/2022) [2025] ZAGPJHC 702 (21 July 2025)

The court found that the defendant's application for leave to appeal was based on factual disputes that were not supported by admissible evidence, as the opposing affidavit was deposed to by the defendant's attorney without personal knowledge. The defendant's plea contained contradictions and failed to clarify key issues regarding delivery and possession of the goods. The certificate of acceptance signed by the defendant's principal confirmed delivery and installation of the telephone equipment. The defendant's failure to insure the photocopiers, as required by the rental agreement, was its own responsibility and did not amount to repudiation by the plaintiffs. The grounds of appeal were...

Citation
[2025] ZAGPJHC 702
Parties
Plaintiff: Sasfin Bank Limited; Plaintiff: South African Securitisation Programme (RF) Limited; Defendant: Baitshoki Secondary School
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 July 2025
Case Number
6696/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Summary Judgment and Costs Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
P V Ternent
Legal Topics
Summary Judgment, Leave to Appeal, Rental Agreements, Repudiation, Burglary Loss, Costs Orders
Civil Procedure Commercial and Corporate Summary Judgment Leave to Appeal Rental Agreements Repudiation Burglary Loss Costs Orders

Case Brief

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Parties

Sasfin Bank Limited

Plaintiff

South African Securitisation Programme (RF) Limited

Plaintiff

Baitshoki Secondary School

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Summary Judgment and Costs Order

Legal Issues

  1. 1 Whether the defendant has raised bona fide triable defences entitling it to leave to appeal against the summary judgment and costs order.
  2. 2 Whether the defendant's plea and affidavit opposing summary judgment contain admissible evidence or sufficient factual basis to support its grounds of appeal.
  3. 3 Whether the defendant's alleged inability to comply with the order to return telephone equipment constitutes a valid ground for appeal.

Ratio Decidendi

The court found that the defendant's application for leave to appeal was based on factual disputes that were not supported by admissible evidence, as the opposing affidavit was deposed to by the defendant's attorney without personal knowledge. The defendant's plea contained contradictions and failed to clarify key issues regarding delivery and possession of the goods. The certificate of acceptance signed by the defendant's principal confirmed delivery and installation of the telephone equipment. The defendant's failure to insure the photocopiers, as required by the rental agreement, was its own responsibility and did not amount to repudiation by the plaintiffs. The grounds of appeal were...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The defendant's application for leave to appeal is dismissed with costs.
  • The defendant shall pay the costs of this application for leave to appeal to the first and second plaintiffs.