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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

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