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2024
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[2024] ZAGPJHC 739
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ABSA Bank Limited v Howell and Others (16168/17) [2024] ZAGPJHC 739 (2 August 2024)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG LOCAL
DIVISION, JOHANNESBURG
CASE
NO: 16168/17
1.
Reportable:
No
2.
Of interest to other judges: No
3.
Revised:
2
August 2024
In the matter between:
ABSA
BANK LIMITED
Applicant
and
HOWELL,
PHILLIP MARSHALL
First
Respondent
HOWELL,
NOELENE JANE
Second
Respondent
SHERIFF
OF THE HIGH COURT –
ROODERPOORT
NORTH
Third
Respondent
CITY
OF JOHANNESBURG METROPOLITAN
MUNICIPALITY
Forth
Respondent
JUDGMENT –
APPLICATION FOR LEAVE TO APPEAL
WRIGHT J
1.
Mr and Ms Howell, the 1
st
and 2
nd
respondents in the main application, seek leave to appeal my order of
3 June 2024.
2.
Absa then had sought and been granted a
reduction in the reserve price at which the Howell’s house
could be auctioned by the
sheriff in satisfaction of a judgment
granted some seven years ago.
3.
It bears mention that the Howells have
lived in the house in question for over seven years without paying
anything towards the bond.
They owe the municipality more than a
third of the value of the property in municipal charges. In the main
application they chose
to tell the court nothing about their
financial circumstances.
4.
The Howells have no reasonable prospect on
appeal and there is no compelling reason to grant leave. In my view,
party and party
costs on scale A suffice in this application.
ORDER
1.
The application is dismissed.
2.
Mr and Ms Howell are jointly and severally
to pay Absa’s costs.
GC
Wright
Judge
of the High Court
Gauteng
Division, Johannesburg
HEARD : 2
August
2024
DELIVERED : 2
August 2024
APPEARANCES:
Absa
Adv
M Msomi
082 229
4363
Instructed
by
Lowndes
Dlamini Attorneys
Mr
and Ms Howell
Adv
LL Makoko
Instructed
By
Att
Gary Segal