Adeyemo v Eskom Holdings Soc Ltd (J2153/13) [2014] ZALCJHB 108 (13 March 2014)

Adeyemo v Eskom Holdings Soc Ltd (J2153/13) [2014] ZALCJHB 108 (13 March 2014)

The court held that the matter was not appealable because the merits of the dispute were not determined; the application was struck from the roll for lack of urgency. The applicant failed to make out a case that another court may reasonably reach a different decision, nor was there any other basis warranting the granting of leave to appeal. Accordingly, leave to appeal was refused.

Citation
[2014] ZALCJHB 108
Parties
Applicant: Adedeji A Adeyemo; Respondent: Eskom Holdings Soc Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 March 2014
Case Number
J2153/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Urgent Application Struck From Roll
Outcome
Leave to appeal to the Labour Appeal Court is refused.
Judges
E Molahlehi
Legal Topics
Leave to Appeal, Urgency, Practice Manual Compliance
Labour Law Leave to Appeal Urgency Practice Manual Compliance

Case Brief

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Parties

Adedeji A Adeyemo

Applicant

Eskom Holdings Soc Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Urgent Application Struck From Roll

Legal Issues

  1. 1 Whether leave to appeal should be granted where the urgent application was struck from the roll for lack of urgency.
  2. 2 Whether the matter is appealable when the merits were not determined.
  3. 3 Whether the applicant has made out a case that another court may reach a different decision.

Ratio Decidendi

The court held that the matter was not appealable because the merits of the dispute were not determined; the application was struck from the roll for lack of urgency. The applicant failed to make out a case that another court may reasonably reach a different decision, nor was there any other basis warranting the granting of leave to appeal. Accordingly, leave to appeal was refused.

Court Disposition

Leave to appeal to the Labour Appeal Court is refused.

Orders

  • Leave to appeal to the Labour Appeal Court is refused.