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in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Case Number: 13189/2014
(1) REPORTABLE: NO.
(2) OF INTEREST TO OTHER JUDGES: NO.
(3) REVISED.
DATE 2025 -02-14
SIGNATURE
In the matter between:
L N NDZIBA N.O. First Applicant
(In her capacity as Executrix in the deceased estate of
the Late Ruth Rose Ntombi Makiwane)
MVYO MVELASE NDZIBA Second Applicant
(ID NO.: 6[...])
LINDELWA NOBANTU NDZIBA Third Applicant
(ID NO.: 6[...])
and
ABSA BANK LIMITED Respondent
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 handing do wn is deemed to be 14 February 2025.
JUDGMENT : APPLICATION FOR LEAVE TO APPEAL
POTTERILL J
[1] The applicant is seeking leave to appeal the whole of the judgment and order
granted on 14 November 2024.
[2] I am satisfied that the orders granted in this matter is purely procedural and in
terms of Section 16(2)( a)(i) of the Superior Courts Act 10 of 2013 [the Act] the issues
are of such a nature that the decision sought will have no practical effect or result
simply because the orders are not final in nature and only regulates procedure.
[3] Furthermore, in terms of section 17 of the Act leave to appeal may only be
granted where the appeal would have reasonable prospects of success. I am of the
opinion that there is no sound and rational basis for granting leave and there are no
reasonable prospects of success.
[4] The leave to appeal is dismissed with costs.
S. POTTERILL
JUDGE OF THE HIGH COURT
CASE NO: 13189/2014
HEARD ON: 13 February 2025
FOR T HE APPLICANTS : ADV. M. NDZIBA
INSTRUCTED BY: GM Tjiane Attorneys Inc.
FOR THE RESPONDENT : ADV. M.P. VAN DER MERWE SC
INSTRUCTED BY: Tim du Toit & Co Inc.
DATE OF JUDGMENT: 14 February 2025