IN THE HIGH COURT OF SOUTH AFRICA 
(GAUTENG DIVISION, PRETORIA)
REPUBLIC OF SOUTH AFRICA

Date of hearing: 29 November 2016
Case number: 96723/2015
29/11/2016
Not reportable
Not of interest to other judges
Revised.
In the matter between:

SHEPARD TENDAYI CHIURA						First Applicant
ESTER CHIURA 								Second Applicant
and
NEDBANK LIMITED First 						Respondent
REGISTRAR OF DEEDS 						Second Respondent

JUDGMENT IN APPLICATION FOR LEAVE TO APPEAL

BRENNER AJ

1.	This is an application for leave to appeal against the whole of the order handed down on 3 November 2016, against the applicants, Messrs Shephard and Ester Chiura, ("the Chiuras" or 'the applicants"), and in respect of which reasons for judgment were handed down on 21 November 2016.
2.	The Chiuras served a notice of application for leave to appeal on 7 November 2016. This predated the handing down of reasons for my judgment.
3.	The Chiuras indicated in their notice that they would amplify their grounds for appeal on receipt of the judgment. They were afforded an opportunity to supplement their notice of application for leave to appeal by 25 November 2016, but failed to do so.
4.	I have accordingly been constrained to rely on the grounds advanced by them in their notice of 7 November 2016.
5.	In essence, the Chiuras have argued in their notice that I erred in granting an order dismissing their application, with costs on the attorney and client scale.
6.	The Chiuras provided no substantiation for their bald and vague averments that I erred in granting the order in question.
7.	In any event, having duly considered the aforegoing argument, I respectfully disagree, for the reasons which are fully advanced in the comprehensive written judgment handed down on 21 November 2016. Suffice it to say that there is no need to repeat such grounds in this judgment.
8.	In the premises, I am of the view that the applicants do not enjoy a reasonable prospect of success on appeal, and that there is no other compelling reason why an appeal against my judgment should be heard.
9.	In my respectful view, leave to appeal should accordingly be refused, with costs following the result.
10.	The grounds for appeal having been without foundation, there is no reason why an exemplary order for costs should not be granted.
11.	The following order is granted:
a.	the applicants' application for leave to appeal against the order dated 3 November 2016 read with the judgment dated 21 November 2016 is dismissed;
b.	the applicants are directed to pay the costs of the application on a scale as between attorney and client.

___________________________
T BRENNER
ACTING JUDGE OF THE HIGH COURT OF SOUTH AFRICA,
 GAUTENG DIVISION, PRETORIA
29 November 2016

Appearances
For the Applicants:						Shepard and Ester Chiura
Instructed by:						Personally represented
Counsel for the First Respondent				Adv K W Luderitz SC
Instructed by:						Attorneys Lowndes Dlamini