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[2016] ZAGPPHC 972
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Chiura and Another v Absa Bank Limited and Others (29 November 2016) (7580/2007; 1730/2013; 20740/2013) [2016] ZAGPPHC 972 (29 November 2016)
IN THE HIGH
COURT OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
REPUBLIC OF
SOUTH AFRICA
Date of
hearing: 29 November 2016
Case
nos:7580/2007, 1730/2013 & 20740/2013
NOT REPORTABLE
NOT OF INTEREST
TO OTHER JUDGES
REVISED
In the matter between:
SHEPARD TENDAYI CHIURA
First Applicant
ESTER CHIURA
Second Applicant
And
ABSA BANK LIMITED
First Respondent
NEDBANK
LIMITED
Second Respondent
SHLOMO MISHAN
Third Respondent
MIRIAM MISHAN
Fourth Respondent
SHERIFF HALFWAY HOUSE
Fifth Respondent
REGISTRAR OF DEEDS,
PRETORIA
Sixth Respondent
JOYSPRING
TRADE
&
INVESTMENTS 11 (PTY) LTD
Seventh Respondent
RICHARD NGWENYA &
PARTNERS
Eighth Respondent
WEBBER WENTZEL ATTORNEYS
Ninth Respondent
JUDGMENT IN
APPLICATION FOR LEAVE TO APPEAL
BRENNER AJ
1.
This is an application for leave to appeal against the whole of the
order handed down on 3 November 2016, against the applicants,
Messrs
Shephard and Ester Chiura, ("the Chiuras" or 'the
applicants"), and in respect of which reasons for judgment
were
handed down on 21 November 2016.
2.
The Chiuras served a notice of application for leave to appeal on 7
November 2016. This predated the handing down of reasons for
my
judgment.
3.
The Chiuras indicated in their notice that they would amplify their
grounds for appeal on receipt of the judgment. They were afforded
an
opportunity to supplement their notice of application for leave to
appeal by 25 November 2016, but failed to do so.
4.
I have accordingly been constrained to rely on the grounds advanced
by them in their notice of 7 November 2016.
5.
In essence, the Chiuras have argued in their notice that I erred in
granting an order dismissing their application, with costs
on the
attorney and client scale, and in granting an order in terms of
prayers 1, 2 and 4 of the counter-application brought by
the first
respondent, Absa Bank Limited ("Absa").
6.
The Chiuras provided no substantiation for their bald and vague
averments that I erred in granting the order in question.
7.
In any event, having duly considered the aforegoing argument, I
respectfully disagree, for the reasons which are fully advanced
in
the comprehensive written judgment handed down on 21 November 2016.
Suffice it to say that there is no need to repeat such grounds
in
this judgment.
8.
In the premises, I am of the view that the applicants do not enjoy a
reasonable prospect of success on appeal, and that there is
no other
compelling reason why an appeal against my judgment should be heard.
In my respectful view, leave to appeal should accordingly
be refused,
with costs following the result.
9.
The grounds for appeal having been without foundation, there is no
reason why an exemplary order for costs should not be granted.
10.
The following order is granted:
a.
the applicants' application for leave to appeal against the order
dated 3 November 2016, read with the judgment dated 21 November
2016
is dismissed;
b.
the applicants are directed to pay the costs of the application on a
scale as between attorney and client.
_____________________
T BRENNER
ACTING JUDGE
OF THE HIGH COURT OF SOUTH AFRICA
GUATENG
DIVISION, PRETORIA
29 NOVEMBER
Appearances
For First and Second
Applicants:
Shepard and Ester Chiura
Instructed by:
Personally represented
Counsel for the First
Respondent:
Adv G F Porteous
Instructed
by:
Attorneys Clyde and Co
Counsel for the Second
Respondent:
Adv
KW Luderitz SC
Instructed by:
Attorneys Lowndes Dlamini