Ayush Trading v Moletsane; In re: Moletsane v Sheriff Pretoria South West and Others (J207/20) [2021] ZALCJHB 361 (6 October 2021)
The court considered the grounds for leave to appeal and determined that the application does not disclose reasonable prospects of success. The judge found that the applicant failed to demonstrate that another court would likely reach a different conclusion on the merits of the case. Accordingly, the application for...
Source-derived case information.
- Citation
- [2021] ZALCJHB 361
- Parties
- Appellant: Ayush Trading; Respondent: Rannyane Israel Moletsane; Applicant: Rannyane Israel Moletsane; Respondent: The Sheriff Pretoria South West; Respondent: Sabeir Ismail; Respondent: African Queen Hair and Skin (Pty) Ltd; Respondent: Nileshkmar Mistry; Respondent: Sanjay Govind; Respondent: Veenesh Dayal Govind; Respondent: Jithen Govind; Respondent: Ayush Trading
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J207/20
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Application for leave to appeal refused.
- Judges
- G N Moshoana
- Legal Topics
- Leave to Appeal, Prospects of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ayush Trading
Appellant
Rannyane Israel Moletsane
Respondent
Rannyane Israel Moletsane
Applicant
The Sheriff Pretoria South West
Respondent
Sabeir Ismail
Respondent
African Queen Hair and Skin (Pty) Ltd
Respondent
Nileshkmar Mistry
Respondent
Sanjay Govind
Respondent
Veenesh Dayal Govind
Respondent
Jithen Govind
Respondent
Ayush Trading
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether the application for leave to appeal against the judgment of 19 August 2021 has reasonable prospects of success.
Ratio Decidendi
The court considered the grounds for leave to appeal and determined that the application does not disclose reasonable prospects of success. The judge found that the applicant failed to demonstrate that another court would likely reach a different conclusion on the merits of the case. Accordingly, the application for leave to appeal was refused.
Court Disposition
Application for leave to appeal refused.
Orders
- The application for leave to appeal is refused.
- There is no order as to costs.
Full Case Text
Judgment text and source record
34 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Case no: J 207/20
In the matter between:
AYUSH TRADING Appellant
and
RANNYANE ISRAEL MOLETSANE Respondent
IN RE:
RANNYANE ISRAEL MOLETSANE Applicant
THE SHERIFF PRETORIA SOUTH WEST,
SABEIR ISMAIL First Respondent
AFRICAN QUEEN HAIR AND SKIN (PTY) LTD Second
Respondent
NILESHKMAR MISTRY Third
Respondent
SANJAY GOVIND Fourth
Respondent
VEENESH DAYAL GOVIND Fifth
Respondent
JITHEN GOVIND Sixth
Respondent
AYUSH TRADING Seventh
Respondent
Heard: In Chambers
Delivered: 06 October 2021 (This judgment was handed down electronically by distributing copies thereof to the respective parties. The delivery
date is deemed to be 06 October 2021).
JUDGMENT – APPLICATION FOR LEAVE TO APPEAL
MOSHOANA, J
[1] This is an application for leave to appeal against the judgment of this court handed down on 19 August 2021.
[2] Having considered the grounds for leave to appeal, I come to the conclusion that the application lacks reasonable prospects of success.
Order
1. The application for leave to appeal is refused.
2. There is no order as to costs.
G. N. Moshoana
Judge of the Labour Court of South Africa