Asla Devco (Pty) Ltd v Bitou Local Municipality (10999/09, 12393/09) [2011] ZAWCHC 188 (28 March 2011)

Asla Devco (Pty) Ltd v Bitou Local Municipality (10999/09, 12393/09) [2011] ZAWCHC 188 (28 March 2011)

The court found that, having considered the points raised in the notice and the arguments presented, there are no reasonable prospects that another court would reach a different conclusion. The judge recalled the facts and reasoning of the original judgment and was satisfied that the decision was correct. Accordingly, leave to appeal was refused.

Citation
[2011] ZAWCHC 188
Parties
Applicant: ASLA DEVCO (PTY) LTD; Respondent: BITOU LOCAL MUNICIPALITY
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
28 March 2011
Case Number
10999/09, 12393/09
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Leave to appeal is refused.
Judges
N C Erasmus
Legal Topics
Leave to Appeal, Prospects of Success
Civil Procedure Leave to Appeal Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

ASLA DEVCO (PTY) LTD

Applicant

BITOU LOCAL MUNICIPALITY

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment handed down on 22 February 2011.
  2. 2 Whether there are reasonable prospects that another court would reach a different conclusion.

Ratio Decidendi

The court found that, having considered the points raised in the notice and the arguments presented, there are no reasonable prospects that another court would reach a different conclusion. The judge recalled the facts and reasoning of the original judgment and was satisfied that the decision was correct. Accordingly, leave to appeal was refused.

Court Disposition

Leave to appeal is refused.

Orders

  • Leave to appeal is refused.