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[2023] ZAGPJHC 326
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ABSA Bank Limited v Parker and Another (05002/2020) [2023] ZAGPJHC 326 (17 April 2023)
IN THE HIGH COURT OF
SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
REPUBLIC OF SOUTH
AFRICA
CASE NO
:
05002/2020
NOT REPORTABLE
NOT OF INTEREST TO
OTHER JUDGES
NOT REVISED
In
the matter between:
ABSA
BANK LIMITED
Applicant
and
PARKER
SPENCER RYAN
First
Respondent
PARKER
GREGORY WAYNE
Second
Respondent
Neutral
Citation
:
ABSA
Bank Limited v Parker Spencer Ryan and Parker Gregory Wayne
(Case
No: 05002/2020) [2023] ZAGPJHC 326 (17 April 2023)
Delivered:
By transmission to the parties via
email and uploading onto Case Lines
the Judgment is deemed
to be delivered. The date for hand-down is deemed to be
17 April 2023.
JUDGMENT
(Leave to Appeal
Application)
SENYATSI J:
[1] This
is
an application for leave to appeal against the order of this court
granted on 14 October 2021, which was followed by written
reasons
provided on 27 January 2023 and sent to the parties electronically.
[2] For convenience sake,
the parties will be referred to as in the main application.
[3] It
is a trite principle of our law that leave to appeal may only be
given where the judge or judges concerned are of the opinion
that the
appeal would have reasonable prospect of success or where there is a
compelling reason, including conflicting judgments,
why the appeal
should be heard.
[1]
[4]
The test whether the requirements of section 17(1)(a) of the Act have
been met is a stringent one.
[2]
[5] The grounds of appeal
have been spelt out in the notice of application for leave to appeal
and will not be repeated in this
judgment. I appreciate the
contribution by counsel for the applicant and the effort by both
respondents regarding the heads of
arguments which have been
considered in this judgment.
[6]
Having considered the grounds raised in support of the application
for leave to appeal; I am satisfied that
the order and the reasons
for the judgment have fully considered the law and the facts.
[7] It follows in my
opinion, that there is no prospect that the appeal would succeed
because the threshold as required by the Act
has not been met. There
are also no compelling reasons why the appeal should be heard.
ORDER
[8] Accordingly, the
application for leave to appeal is dismissed with costs.
ML
SENYATSI
JUDGE
OF THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
DATE JUDGMENT
RESERVED:
27 February 2023
DATE
JUDGMENT DELIVERED:
17 April 2023
APPEARANCES
Counsel
for the Applicants:
Adv
N Alli
Instructed
by:
Jay
Mothobi Incorporated
Representation
for the Respondents:
Self-represented
[1]
Section
17(1)(a) of the Superior Courts Act No.10 of 2013 (“the Act”)
[2]
See
MEC for Health, Eastern Cape v Mkhitha and Another
[2016] ZASCA 176
paras 16-17