Pertronella v Nedbank Ltd (46179/2014) [2025] ZAGPPHC 1247 (12 November 2025)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: North Gauteng High Court, Pretoria South Africa: North Gauteng High Court, Pretoria You are here: SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2025 >> [2025] ZAGPPHC 1247 | Noteup | LawCite sino index ## Pertronella v Nedbank Ltd (46179/2014) [2025] ZAGPPHC 1247 (12 November 2025) Pertronella v Nedbank Ltd (46179/2014) [2025] ZAGPPHC 1247 (12 November 2025) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2025_1247.html sino date 12 November 2025 # IN THE HIGH COURT OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA # GAUTENG DIVISION, PRETORIA 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 sino noindex make_database footer start