ABSA Bank Limited v Howell and Others (16168/17) [2024] ZAGPJHC 739 (2 August 2024)

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: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2024 >> [2024] ZAGPJHC 739 | Noteup | LawCite sino index ## ABSA Bank Limited v Howell and Others (16168/17) [2024] ZAGPJHC 739 (2 August 2024) ABSA Bank Limited v Howell and Others (16168/17) [2024] ZAGPJHC 739 (2 August 2024) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2024_739.html sino date 2 August 2024 ###### IN THE HIGH COURT OF SOUTH AFRICA 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 sino noindex make_database footer start