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South Africa decisions
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Khoza v First Rand Bank Limited: In re: First Rand Bank Limited v Khoza (21311/2017) [2022] ZAGPJHC 797 (12 October 2022)
The court dismissed an application for leave to appeal because it had not been prosecuted and did not set out grounds of appeal, awarding costs against the applicant.
Figures and CO (Pty) Ltd and Others v Urban Real Estate (Pty) Ltd (2021/45109) [2022] ZAGPJHC 381 (6 June 2022)
The High Court dismissed leave to appeal, holding the appeal had lapsed for non-compliance with Rule 49(6)(a), ending the suspension of the eviction order.
HBZ Bank Limited v Mukudam's General Enterprises and Others (32628/2019) [2020] ZAGPPHC 292 (1 June 2020)
The court found that the defendants' notice of application for leave to appeal did not comply with Rule 49(1)(b) as it failed to set out any grounds upon which the application was based. The notice was vague and did not inform the court or the respondent of the case to be met. Aligning with the precedent in Songono v Minister of Law and Order, the court held the application to be fatally defective. Even if the application were not defective, the court found no reasonable prospects of success as the defendants did not raise any material facts or triable issues in their opposition to summary ju…
Source excerpt
Kloof Investments 2004 CC v Isaacs (A900/2010) [2011] ZAWCHC 184 (25 March 2011)
The court struck the appeal from the roll because no notice of appeal was delivered under Rule 49(2), and no condonation or extension was sought.
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