About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: North Gauteng High Court, Pretoria
SAFLII
>>
Databases
>>
South Africa: North Gauteng High Court, Pretoria
>>
2025
>>
[2025] ZAGPPHC 1247
|
|
Pertronella v Nedbank Ltd (46179/2014) [2025] ZAGPPHC 1247 (12 November 2025)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE
NO
: 46179/2014
DATE
:
28-10-2025
(1) REPORTABLE:
YES
/ NO
(2) OF INTEREST TO OTHER JUDGES
:
YES
/ NO
(3) REVISED
12/11/2025
In the matter between
ZIMEMA NELISIWE PERTRONELLA
and
NEDBANK LTD
JUDGMENT
VAN
DER WESTHUIZEN AJ
: In matter
46179/2014 the matter between Zimema NP versus Nedbank LTD, there is,
an application, now belatedly sought to
obtain leave to appeal
against a written judgment. In an application for recission of
judgment. My Judgment was delivered
during October 2023, refusing the
application for recission. What transpired was that, once the
respondent obtained a judgment
against the present applicant in
respect of a foreclosure, the respondent, abandoned that portion of
the judgment and matters were
then to have proceeded on an opposed
application for foreclosure. As already recorded, that judgment
that I delivered on
or about 23 October 2023, has effectively become
moot. Matters have proceeded and in view thereof that the
judgment in respect
of the initial foreclosure application was
abandoned by the respondent, there was no reason why this application
for leave to appeal
should proceed. This matter was before me
in the beginning of this year wherein the applicant sought leave to
belatedly continue
with the application for leave to appeal.
Certain terms were set that had to be met. The order also
included time periods
in respect of which the parties, and particular
the applicant, were to file the necessary affidavits in the
foreclosure application,
which is presently pending. For all
intents and purposes, there is no merit in the present application
for leave to appeal.
The applicant still has the opportunity to
oppose the 'new' foreclosure application, but it would be a futile
exercise to grant
any leave to appeal the refusal of the recission
application now. The application for leave to appeal was
originally set
down to be heard during the course of last week, but
at a late stage the applicant sought that the matter rather be heard
on another
date. The date that was set was today. The
applicant acknowledged that the matter was set down for 09:00 this
morning,
yet there is no appearance on behalf of the applicant.
It follows that there could be no prospects of success in respect of
any possible appeal against the judgment of October 2023 and it will
have no effect, accordingly the application for leave to appeal
is
dismissed with cost.
…………………………
..
VAN DER WESTHUIZEN AJ
JUDGE OF THE HIGH COURT
DATE
:
…………………
TRANSCRIBER’S CERTIFICATE
ZIMEMA NEKISIWE
PERTRONELLA//NEDBANK LTD
I,
the undersigned, hereby certify that
so far as it is audible to
me
, the aforegoing is a true and correct transcript of the
proceedings recorded by means of a digital recorder in the matter
between
the parties stated above:
CASE
NUMBER
: 46179/2014
RECORDED
AT
: PRETORIA
DATE
HELD
: 28-10-2025
NUMBER
OF pages
:
3
TRANSCRIBER:
Liesel Halse
DATE
COMPLETED:
29-10-2025