Standard Bank of South Africa v Ntsumi Telecommunications (40868/19) [2022] ZAGPJHC 471 (18 July 2022)

60 Reportability
Banking and Finance

Brief Summary

Appeal — Leave to appeal — Application for leave to appeal against judgment — Court finds no reasonable prospect of success in appeal — Leave to appeal refused with costs. The applicant, Standard Bank of South Africa, sought leave to appeal a judgment delivered on 16 March 2021, which relied on a previous decision of the court. The court determined that the arguments presented did not demonstrate a reasonable prospect of success in another court reaching a different conclusion.

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[2022] ZAGPJHC 471
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Standard Bank of South Africa v Ntsumi Telecommunications (40868/19) [2022] ZAGPJHC 471 (18 July 2022)

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.
DIGITAL
AUDIO
RECORDING
TRANSCRIPTIONS
Glen
Manor Office Park
Tel.: (012) 940 6821
138
Frikkie de Beer Str
Fax: (012) 348 3542
Block
5, Suite 1/G
www.digitalaudio.co.za
Menlyn