Speelman and Another v Absa Bank Limited and Others (4120/2016) [2017] ZAECGHC 136 (7 September 2017)

Speelman and Another v Absa Bank Limited and Others (4120/2016) [2017] ZAECGHC 136 (7 September 2017)

The court found that none of the fifteen grounds of appeal raised by the applicant had merit and that there were no reasonable prospects of success on appeal. The judge considered all grounds advanced and concluded that granting leave to appeal would serve no purpose, as the applicant failed to demonstrate any error in the dismissal of her rescission and condonation applications. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2017] ZAECGHC 136
Parties
Applicant: Noxolo Faniswa Speelman; Applicant: Noxolo Faniswa Speelman N.O; Respondent: Absa Bank Limited; Respondent: Michael James Freegard; Respondent: Master of the High Court, Bisho; Respondent: The Sheriff King Williams Town; Respondent: Registrar of Deeds, Eastern Cape
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
7 September 2017
Case Number
4120/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Rescission and Condonation Applications
Outcome
Application for leave to appeal dismissed with costs.
Judges
G H Bloem
Legal Topics
Leave to Appeal, Rescission of Judgment, Condonation of Late Filing, Costs Award
Civil Procedure Leave to Appeal Rescission of Judgment Condonation of Late Filing Costs Award

Case Brief

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Parties

Noxolo Faniswa Speelman

Applicant

Noxolo Faniswa Speelman N.O

Applicant

Absa Bank Limited

Respondent

Michael James Freegard

Respondent

Master of the High Court, Bisho

Respondent

The Sheriff King Williams Town

Respondent

Registrar of Deeds, Eastern Cape

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Rescission and Condonation Applications

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the dismissal of her rescission and condonation applications.
  2. 2 Whether any of the fifteen grounds of appeal raised by the applicant have merit.

Ratio Decidendi

The court found that none of the fifteen grounds of appeal raised by the applicant had merit and that there were no reasonable prospects of success on appeal. The judge considered all grounds advanced and concluded that granting leave to appeal would serve no purpose, as the applicant failed to demonstrate any error in the dismissal of her rescission and condonation applications. 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 is dismissed with costs.