Annandale and Another v Meitnjies and Meintjies Rekenmeesters CC (81541/17) [2020] ZAGPPHC 190 (20 March 2020)

Annandale and Another v Meitnjies and Meintjies Rekenmeesters CC (81541/17) [2020] ZAGPPHC 190 (20 March 2020)

The court found that, after considering the grounds of appeal and the arguments presented, there were no reasonable prospects of success for the appeal. The court had previously given comprehensive reasons for accepting the respondent's version of the oral agreement and rejecting the applicants' version, supported by the evidence of the respondent's witnesses. The grounds of appeal did not raise any compelling reasons for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2020] ZAGPPHC 190
Parties
Applicant: Angela Dorothea Maria Annandale; Applicant: Old Mutual Trust (Pty) Ltd t/a Old Mutual Trust; Respondent: Meitnjies and Meintjies Rekenmeesters CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 March 2020
Case Number
81541/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 10 December 2019
Outcome
Application for leave to appeal dismissed with costs.
Judges
C.J. Collis
Legal Topics
Leave to Appeal, Oral Agreement, Evidence Evaluation, Contractual Dispute
Civil Procedure Commercial and Corporate Leave to Appeal Oral Agreement Evidence Evaluation Contractual Dispute

Case Brief

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Parties

Angela Dorothea Maria Annandale

Applicant

Old Mutual Trust (Pty) Ltd t/a Old Mutual Trust

Applicant

Meitnjies and Meintjies Rekenmeesters CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 10 December 2019

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the judgment delivered on 10 December 2019.
  2. 2 Whether there are compelling reasons for the appeal to be heard under section 17 of the Superior Courts Act.
  3. 3 Whether the court erred in accepting the respondent's version of the oral agreement and rejecting the applicants' version.

Ratio Decidendi

The court found that, after considering the grounds of appeal and the arguments presented, there were no reasonable prospects of success for the appeal. The court had previously given comprehensive reasons for accepting the respondent's version of the oral agreement and rejecting the applicants' version, supported by the evidence of the respondent's witnesses. The grounds of appeal did not raise any compelling reasons for the appeal to be heard. 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.
  • The applicants are ordered to pay the costs of the application.