Alfs Tippers CC v Steyn (11407/2019) [2023] ZAGPJHC 874 (4 August 2023)

Alfs Tippers CC v Steyn (11407/2019) [2023] ZAGPJHC 874 (4 August 2023)

The court found that all issues raised in the application for leave to appeal had already been considered in the main judgment. The applicant failed to demonstrate reasonable prospects of success or any compelling reason for the appeal to be heard. The judge was not persuaded that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2023] ZAGPJHC 874
Parties
Applicant: Alf’s Tippers CC; Respondent: Martha Susanna Steyn
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 August 2023
Case Number
11407/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
Twala M L
Legal Topics
Leave to Appeal, Reasonable Prospects of Success, Costs Order
Civil Procedure Leave to Appeal Reasonable Prospects of Success Costs Order

Case Brief

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Parties

Alf’s Tippers CC

Applicant

Martha Susanna Steyn

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment

Legal Issues

  1. 1 Whether the applicant has shown reasonable prospects of success on appeal.
  2. 2 Whether there is any compelling reason for the appeal to be heard.
  3. 3 Whether the application for leave to appeal should be dismissed with costs.

Ratio Decidendi

The court found that all issues raised in the application for leave to appeal had already been considered in the main judgment. The applicant failed to demonstrate reasonable prospects of success or any compelling reason for the appeal to be heard. The judge was not persuaded that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.