Standard Bank of South Africa v Ntsumi Telecommunications (40868/19) [2022] ZAGPJHC 471 (18 July 2022)
The court found that the points raised in the application for leave to appeal had already been fully analysed and rejected in the previous judgment and in BP Southern Africa (Pty) Ltd v Intertrans Oil SA (Pty) Ltd & Others. The judge concluded that there was no reasonable prospect that another court would reach a...
Source-derived case information.
- Citation
- [2022] ZAGPJHC 471
- Parties
- Applicant: Standard Bank of South Africa; Respondent: Ntsumii Telecommunications; Respondent: Mayir Tayob Eno & Solly Mndlondobozi
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 40868/19
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Judgment Delivered
- Outcome
- Leave to appeal refused with costs.
- Judges
- Wepener
- Legal Topics
- Leave to Appeal, Prospects of Success, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Standard Bank of South Africa
Applicant
Ntsumii Telecommunications
Respondent
Mayir Tayob Eno & Solly Mndlondobozi
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment Delivered
Legal Issues
- 1 Whether there is a reasonable prospect that another court would reach a different conclusion.
- 2 Whether leave to appeal should be granted against the judgment delivered on 16 March 2021.
Ratio Decidendi
The court found that the points raised in the application for leave to appeal had already been fully analysed and rejected in the previous judgment and in BP Southern Africa (Pty) Ltd v Intertrans Oil SA (Pty) Ltd & Others. The judge concluded that there was no reasonable prospect that another court would reach a different decision. Accordingly, leave to appeal was refused with costs.
Court Disposition
Leave to appeal refused with costs.
Orders
- Leave to appeal is refused.
- The applicant is ordered to pay the costs of the application.
Full Case Text
Judgment text and source record
48 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO: 40868/19
DATE: 16 MARCH 2021
REPORTABLE: NO
OF INTEREST TO OTHER JUDGES: NO
REVISED
Date: 18 July 2022
In the matter between
STANDARD BANK OF SOUTH AFRICA
Applicant
and
NTSUMII TELECOMMUNICATIONS,
MAYIR TAYOB ENO & SOLLY MNDLONDOBOZI Respondent
J U D G M E N T
(APPLICATION FOR LEAVE TO APPEAL)
WEPENER, J
COURT: In this matter I gave a judgment on 16 March 2021, which judgment in the main relied on a judgment of this Court, given by the late Van der Linde J, in BP Southern Africa (Pty) Ltd v Intertrans Oil SA (Pty) Ltd & Others 2017 4592 GJ, in which he fully analysed the very points now argued in this application for leave to appeal and found against those points.
I have read the notice of leave to appeal and I have listened to the arguments before me and I believe that there is no reasonable
prospect of success that another Court would come to another decision and in the circumstances leave to appeal is REFUSED with costs.
ADV V RENSBURG: May it please, M'Lord.
ADV VD MERWE: As your Lordship pleases.
END OF PROCEEDINGS
WEPENER, J
JUDGE OF THE HIGH COURT
DATE: …………………………
TRANSCRIBER’S CERTIFICATE
This is to certify that, insofar as it is audible, the aforegoing is a true and correct transcript of the proceedings recorded by means of a mechanical recorder in the matter of:
STANDARD BANK OF SOUTH AFRICA // NTSUMII TELECOMMUNICATIONS
CASE NUMBER
: 40868/19
RECORDED AT
: JOHANNESBURG
DATE HELD
: 16 MARCH 2021
TRANSCRIBER
: Ronel Deysel
NUMBER OF audio files
: 1
NUMBER OF PAGES
: 3
REPORT ON RECORDING 1. This is a verbatim transcript and being a true reflection of the record, the grammatical errors have not been corrected. 2. Names of persons, places or esoteric terms not spelt for the record, are transcribed phonetically. 3. Indistinct words and or phrases are as a result of: 3.1 The dialect of the witness; and/or 3.2 Witness not near to microphone and speaking softly; and/or 3.3 Poor Zoom connection.
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