Schuurman and Another v ABSA Bank Limited (Leave to Appeal) (82184/2018) [2024] ZAGPPHC 1250 (5 December 2024)

Schuurman and Another v ABSA Bank Limited (Leave to Appeal) (82184/2018) [2024] ZAGPPHC 1250 (5 December 2024)

The court considered the grounds for appeal advanced by the applicants and reflected on the judgment and order previously handed down. It found that the applicants failed to demonstrate reasonable prospects of success on appeal and that no other compelling reason exists for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2024] ZAGPPHC 1250
Parties
Applicant: Adrianus Wilhemus Cornelis Schuurman; Applicant: Maryke Schuurman; Respondent: ABSA Bank Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 December 2024
Case Number
82184/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
E van der Schyff
Legal Topics
Leave to Appeal, Prospects of Success, Costs Order
Civil Procedure Leave to Appeal Prospects of Success Costs Order

Case Brief

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Parties

Adrianus Wilhemus Cornelis Schuurman

Applicant

Maryke Schuurman

Applicant

ABSA Bank Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicants have demonstrated reasonable prospects of success on appeal.
  2. 2 Whether there are compelling reasons for the appeal to be heard.

Ratio Decidendi

The court considered the grounds for appeal advanced by the applicants and reflected on the judgment and order previously handed down. It found that the applicants failed to demonstrate reasonable prospects of success on appeal and that no other compelling reason exists for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal by the first and second applicants is dismissed with costs on scale A.