Assmang Limited v Holden (6488/2012) [2018] ZAKZDHC 46 (18 April 2018)

Assmang Limited v Holden (6488/2012) [2018] ZAKZDHC 46 (18 April 2018)

The court found that, in respect of the special plea of jurisdiction, there is no reasonable prospect that another court would reach a different conclusion, and therefore leave to appeal on this ground is refused. However, regarding the special plea of prescription, the court determined that there is a reasonable possibility that another court could come to a different decision. Consequently, leave to appeal is granted on the prescription issue to the Full Bench of the division. The costs of the application for leave to appeal on the prescription issue will be costs in the appeal.

Citation
[2018] ZAKZDHC 46
Parties
Applicant: Assmang Limited; Respondent: Linda Holden
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
18 April 2018
Case Number
6488/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Orders Delivered on 8 February 2018.
Outcome
Leave to appeal is refused on the special plea of jurisdiction and granted on the special plea of prescription to the Full Bench of the division.
Judges
Henriques
Legal Topics
Leave to Appeal, Jurisdiction, Prescription, Superior Courts Act, Reasonable Prospect of Success
Civil Procedure Leave to Appeal Jurisdiction Prescription Superior Courts Act Reasonable Prospect of Success

Case Brief

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Parties

Assmang Limited

Applicant

Linda Holden

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Orders Delivered on 8 February 2018.

Legal Issues

  1. 1 Whether leave to appeal should be granted against the dismissal of the special plea of jurisdiction.
  2. 2 Whether leave to appeal should be granted against the dismissal of the special plea of prescription.
  3. 3 Whether the statutory test for leave to appeal under section 17(1)(a)(i) of the Superior Courts Act is met.

Ratio Decidendi

The court found that, in respect of the special plea of jurisdiction, there is no reasonable prospect that another court would reach a different conclusion, and therefore leave to appeal on this ground is refused. However, regarding the special plea of prescription, the court determined that there is a reasonable possibility that another court could come to a different decision. Consequently, leave to appeal is granted on the prescription issue to the Full Bench of the division. The costs of the application for leave to appeal on the prescription issue will be costs in the appeal.

Court Disposition

Leave to appeal is refused on the special plea of jurisdiction and granted on the special plea of prescription to the Full Bench of the division.

Orders

  • The application for leave to appeal paragraph 1 of the order dated 8 February 2018 is dismissed with costs.
  • The application for leave to appeal the second order dated 8 February 2018, being the special plea of prescription, is granted to the Full Bench of this division.