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South Africa: North Gauteng High Court, Pretoria
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[2022] ZAGPPHC 841
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Mmusi v Standard Bank of South Africa Limited (6626/2020) [2022] ZAGPPHC 841 (25 October 2022)
IN
THE
HIGH
COURT
OF
SOUTH
AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO: 6626/2020
REPORTABLE:
NO
OF
INTEREST TO OTHER JUDGES: NO
REVISED:
NO
25
OCTOBER 2022
In
the matter between:
MPHO
ABEL MMUSI
APPLICANT
and
THE
STANDARD
BANK
OF SOUTH AFRICA
LIMITED RESPONDENT
JUDGMENT
MOGALE,
AJ
INTRODUCTION
[1]
On 25 October 2022, the applicant
brought an application for Leave to Appeal an order granted on 02nd
September 2021.
[2]
The respondent
appeared, but
the applicant
failed
to
appear
in
court. The applicant also failed to
inform the court of his non-appearance.
[3]
The respondent applied to this court for
Leave to Appeal to be dismissed with costs, and such be on an
attorney and client scale.
[4]
On
25
October 2022,
I handed down
the order in terms
of which
I
dismissed the application with costs.
[5]
I find that I erred by dismissing the
application for Leave to Appeal instead of striking off the
application due to the non-appearance
by the applicant
[6]
In light of the above error,
I hereby recall my order and invoke the
provisions of Rule 42(1)(a) and make the following order:
I
accordingly
make
the
following
order:
ORDER
1.
The matter is struck off
the roll for
non-appearance.
2.
The applicant has to file substantial
heads of arguments
for
Condonation within fifteen (15) days after this order is granted
before filing for Leave to Appeal.
3.
The applicant is to pay the costs on an
attorney and client scale.
K
J MOGALE
ACTING
JUDGE OF THE GAUTENG DIVISION,
PRETORIA
Electronically
submitted.
Delivered:
This Judgment was prepared and authored
by the Judge whose name is reflected and is handed down
electronically by circulation to
the parties/their legal
representatives by email and by uploading it to the electronic file
of this matter on Caselines. The date
for hand-down is deemed to be
25 October 2025.
Date
of hearing: The matter was heard by way of video conferencing or
otherwise; the matter may be determined accordingly. The matter
was
set down for a court date of 07 September 2021.
Date
of the Order: 25 October 2022
Heard
on: 25
October 2022
For
the Applicants : No
Appearance
For
the Respondent : Advocate
Z Schoeman
Date
of the Order: 25
October 2022