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Schuurman and Another v ABSA Bank Limited (Leave to Appeal) (82184/2018) [2024] ZAGPPHC 1250 (5 December 2024)

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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

CASE NO.:82184/2018

(1)    REPORTABLE: NO

(2)    OF INTEREST TO OTHER JUDGES: NO

(3)    REVISED: NO

Date: 5 December 2024

E van der Schyff

 

In the application for leave to appeal between:

 

Adrianus Wilhemus Cornelis Schuurman                                                         First Applicant

 

Maryke Schuurman                                                                                     Second Applicant

 

and

 

ABSA BANK LIMITED                                                                                         Respondent


JUDGMENT


Van der Schyff J

 

[1]             The applicants in this application for leave to appeal were the first and second respondents in the main application. The parties are referred to as cited in this application for leave to appeal. The applicants seek leave to appeal against the judgment and order delivered on 13 September 2024.

 

[2]             As in the main matter, the applicants act in person. The application for leave to appeal is clearly drafted by a layperson. However, the intention to apply for leave to appeal is clear, as are the grounds of the appeal.

 

[3]             I have considered the grounds for appeal. I handed down a written judgment in the matter concerned that set out the reasons for my decision.

 

[4]              After having reflected on the papers filed of record, the judgment and order handed down, and the grounds for appeal, I am not of the opinion that the appeal would have a reasonable prospect of success if leave is granted. There is no other compelling reason why the appeal should be heard.

 

ORDER

In the result, the following order is granted:

1.     The application for leave to appeal by the first and second applicants (the first and second respondents in the main application) is dismissed with costs on scale A.

 

 

E van der Schyff

Judge of the High Court

 

Delivered:  This judgment is handed down electronically by uploading it to the electronic file of this matter on CaseLines.

 

For the first and second applicants:

First applicant in person

For the first and second respondents:

Adv. K. Kollapen

Instructed by:

Haasbroek & Boezaart Inc.

Date of the hearing:

5 December 2024

Date of judgment:

5 December 2024