Zouzoua v Investec Bank Limited (2021/444429) [2024] ZAGPJHC 994 (4 October 2024)

Zouzoua v Investec Bank Limited (2021/444429) [2024] ZAGPJHC 994 (4 October 2024)

The application for leave to appeal was dismissed because the applicant failed to meet the requirements of section 17(1)(a) of the Superior Courts Act. The notice to strike out was defective and unsupported by affidavit, and no prejudice was shown. The further advance fees were contractually agreed and provided for in the loan agreement. The second advance was not reckless, as the first advance had been settled prior to the second advance. The court considered the relevant Rule 46A factors in the main judgment, even if not all were expressly mentioned. There are no reasonable prospects of success or compelling reasons for the appeal to be heard.

Citation
[2024] ZAGPJHC 994
Parties
Applicant: Olivier Charles Zouzoua; Respondent: Investec Bank Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 October 2024
Case Number
2021/44429
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal or Full Court
Outcome
Application for leave to appeal dismissed with costs on an attorney and client scale.
Judges
MMP Mdalana-Mayisela
Legal Topics
Leave to Appeal, Uniform Rules of Court Rule 35, Uniform Rules of Court Rule 46a, National Credit Act, Mortgage Bond Enforcement
Civil Procedure Banking and Finance Leave to Appeal Uniform Rules of Court Rule 35 Uniform Rules of Court Rule 46a National Credit Act Mortgage Bond Enforcement

Case Brief

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Parties

Olivier Charles Zouzoua

Applicant

Investec Bank Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal or Full Court

Legal Issues

  1. 1 Whether the application for leave to appeal meets the requirements of section 17(1)(a) of the Superior Courts Act.
  2. 2 Whether the court erred in dismissing the application to strike out under Rule 35(12).
  3. 3 Whether the court misdirected itself regarding further advance fees charged by the respondent.

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant failed to meet the requirements of section 17(1)(a) of the Superior Courts Act. The notice to strike out was defective and unsupported by affidavit, and no prejudice was shown. The further advance fees were contractually agreed and provided for in the loan agreement. The second advance was not reckless, as the first advance had been settled prior to the second advance. The court considered the relevant Rule 46A factors in the main judgment, even if not all were expressly mentioned. There are no reasonable prospects of success or compelling reasons for the appeal to be heard.

Court Disposition

Application for leave to appeal dismissed with costs on an attorney and client scale.

Orders

  • The application for leave to appeal is dismissed with costs on an attorney and client scale.