Ba-Phalaborwa Local Municipality & ML Nkosi Electrical Contractors and Another - Leave to Appeal (4482/2020) [2023] ZALMPPHC 113 (29 November 2023)

Ba-Phalaborwa Local Municipality & ML Nkosi Electrical Contractors and Another - Leave to Appeal (4482/2020) [2023] ZALMPPHC 113 (29 November 2023)

The court found that, although the prospects of success for the applicant were non-existent, the appeal court may take a different view regarding the excessive delay in launching the application for leave to appeal, especially when compared to the 22-month delay in the Gijima case. Consequently, leave to appeal to the full court of the Limpopo Division of the High Court, Polokwane was granted, with costs to be determined in the appeal.

Citation
[2023] ZALMPPHC 113
Parties
Applicant: Ba-Phalaborwa Local Municipality; Respondent: ML Nkosi Electrical Contractors; Respondent: Soma Construction
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
29 November 2023
Case Number
4482/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Delivered on 28 August 2023.
Outcome
Leave to appeal granted to the full court of the Limpopo Division of the High Court, Polokwane; costs to be costs in the appeal.
Judges
M.V Semenya
Legal Topics
Leave to Appeal, Delay in Institution of Proceedings, Prospects of Success, Costs in Appeal
Civil Procedure Leave to Appeal Delay in Institution of Proceedings Prospects of Success Costs in Appeal

Case Brief

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Parties

Ba-Phalaborwa Local Municipality

Applicant

ML Nkosi Electrical Contractors

Respondent

Soma Construction

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Delivered on 28 August 2023.

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment and order delivered on 28 August 2023.
  2. 2 Whether the delay in launching the application for leave to appeal is excessive and impacts the prospects of success.
  3. 3 Whether the grounds of appeal raised by the applicant have merit.

Ratio Decidendi

The court found that, although the prospects of success for the applicant were non-existent, the appeal court may take a different view regarding the excessive delay in launching the application for leave to appeal, especially when compared to the 22-month delay in the Gijima case. Consequently, leave to appeal to the full court of the Limpopo Division of the High Court, Polokwane was granted, with costs to be determined in the appeal.

Court Disposition

Leave to appeal granted to the full court of the Limpopo Division of the High Court, Polokwane; costs to be costs in the appeal.

Orders

  • Leave to appeal to the full court of the Limpopo Division of the High Court, Polokwane is granted.
  • Costs to be costs in the appeal.