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[2020] ZAGPJHC 321
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Gopane and Another v Firstrand Bank Limited (49663/2009) [2020] ZAGPJHC 321 (8 September 2020)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
LOCAL DIVISION, JOHANNESBURG
CASE
NO:
49663/2009
In
the matter between:
GOPANE,
MOGAPI
GEORGE
First Applicant
GOPANE,
VERONICA
THANDEKILE
Second Applicant
and
FIRSTRAND BANK
LIMITED
Respondent
JUDGMENT ON LEAVE TO APPEAL
VALLY
AJ:
1.
This
is an application for leave to appeal in which the Applicants attempt
to make out submissions of fact as their grounds of appeal.
2.
The
Applicants’ submissions are that; the Respondent failed to
comply with
Section 129(1)
of the
National Credit Act No. 34 of 2005
,
the summons was not served on them, the Applicants had settled their
indebtedness to the Respondent at the time that judgment
was granted
against them and that orders declaring properties specifically
executable were unconstitutional.
3.
Section
17(1)
of the
Superior Courts Act No. 10 of 2013
deals with the
circumstances under which leave to appeal may be granted; that
the
appeal would have a reasonable prospect of success or there is some
other compelling reason why the appeal should be heard,
including
conflicting judgments on the matter under consideration or where the
decision sought to be appealed does not dispose
of all the issues in
the case or the appeal would lead to a just and prompt resolution of
the real issues between the parties.
4.
That
being said, grounds of appeal are intended to challenge the court’s
findings of fact or conclusions of law. The Applicants
have done
neither. Instead, the Applicants repeat their submissions made in the
application for rescission. The Applicants’
submissions have
been addressed in the judgment and there is no reason to revisit
them.
5.
The
Applicants’ submissions do not satisfy the requirements of
Section 17(1)
of the
Superior Courts Act for
granting leave to
appeal.
6.
In
the premises, the application for leave to appeal is dismissed with
costs.
Order
7.
In
the premise, I make the following order:
7.1
The
application for leave to appeal is dismissed.
7.2
The
Applicants are to pay the Respondent’s costs.
______________________
H M VALLY
ACTING JUDGE OF THE HIGH COURT
GAUTENG
LOCAL DIVISION,JOHANNESBURG
Date
of hearing: 24 January 2020
Date
of judgment: 08 September 2020
APPEARANCES
For
the Applicants
Instructed
by: Legal Aid South Africa
For
the Respondent
Instructed
by: Hammond Pole Attorneys