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 – 				Third Respondent

ROODERPOORT NORTH	

CITY OF JOHANNESBURG METROPOLITAN 		Forth Respondent
MUNICIPALITY 

JUDGMENT – APPLICATION FOR LEAVE TO APPEAL

WRIGHT J

1.	Mr and Ms Howell, the 1st and 2nd 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