Mncube v Standard Bank of South Africa Ltd and Others (37866/2014) [2016] ZAGPPHC 271 (29 April 2016)

30 Reportability
Civil Procedure

Brief Summary

Appeal — Leave to appeal — Application for leave to appeal filed late — Applicant sought condonation for late filing — Court found no reasonable prospect of success on appeal — Application for leave to appeal dismissed with costs.

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[2016] ZAGPPHC 271
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Mncube v Standard Bank of South Africa Ltd and Others (37866/2014) [2016] ZAGPPHC 271 (29 April 2016)

IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Date: 29 April 2016
Case No: 37866/2014
Not reportable
Not of interest to other judges
Revised.
In matter between:
THEMBA JAMES
MNCUBE                                                                                               Applicant
And
STANDARD BANK OF SOUTH AFRICA
LTD                                                         1
st
Respondent
MARIA
MAPONYA                                                                                                    2
nd
Respondent
THE REGSITRAR OF DEEDS,
JOHANNESBURG                                                  3
rd
Respondent
THE SHERIFF,
THEMBISA                                                                                        4
th
Respondent
JUDGMENT (LEAVE TO APPEAL)
Holland-Muter AJ:
1.
Judgment is this matter was handed down on 21 January
2016. The leave to appeal was only brought to my attention during
April 2016.
The application for leave to appeal was accompanied by an
application for condonation for the late filing of the application
for
leave to appeal. I considered the condonation application and
decided to hear the application for leave to appeal.
2.
After hearing arguments by counsel and considering
the application for leave to appeal, I considered the matter again.
3.
The reasons for the judgment  is contained
in the judgment  and I need not repeat it here.
4.
I am of the view that there is no reasonable
prospect on success on appeal in this matter.
Order:
5.
The application for leave to appeal is dismissed
with costs.
_____________________
A/J HOLLAND-MÜTER
29 April 2016