Balintulo and Others v Mbana (79752/2019) [2022] ZAGPPHC 727 (29 September 2022)

Balintulo and Others v Mbana (79752/2019) [2022] ZAGPPHC 727 (29 September 2022)

The court found that the consolidation order granted in this matter is final in effect and therefore appealable, as it will not be reconsidered on the same facts in the main proceedings. However, after considering the grounds of appeal and the arguments presented by both parties, the court concluded that there are no reasonable prospects of success on appeal. The applicants failed to demonstrate any compelling reason for leave to appeal as envisaged in section 17(1)(a)(ii) of the Superior Courts Act. Consequently, the application for leave to appeal was dismissed and the applicants were ordered to pay the costs of the application jointly and severally.

Citation
[2022] ZAGPPHC 727
Parties
Applicant: Fuzile Balintulo; Applicant: Buti Meshack Lesiela; Applicant: Hermanus Karel Breed; Applicant: Abraham Johannes Bosch; Respondent: Linda Mbana
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 September 2022
Case Number
79752/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Consolidation Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
E.M Kubushi
Legal Topics
Consolidation of Actions, Appealability of Interlocutory Orders, Balance of Convenience, Costs Orders
Civil Procedure Consolidation of Actions Appealability of Interlocutory Orders Balance of Convenience Costs Orders

Case Brief

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Parties

Fuzile Balintulo

Applicant

Buti Meshack Lesiela

Applicant

Hermanus Karel Breed

Applicant

Abraham Johannes Bosch

Applicant

Linda Mbana

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Consolidation Order

Legal Issues

  1. 1 Whether the consolidation order is appealable.
  2. 2 Whether the test for balance of convenience was correctly applied.
  3. 3 Whether the respondent discharged the onus for consolidation.

Ratio Decidendi

The court found that the consolidation order granted in this matter is final in effect and therefore appealable, as it will not be reconsidered on the same facts in the main proceedings. However, after considering the grounds of appeal and the arguments presented by both parties, the court concluded that there are no reasonable prospects of success on appeal. The applicants failed to demonstrate any compelling reason for leave to appeal as envisaged in section 17(1)(a)(ii) of the Superior Courts Act. Consequently, the application for leave to appeal was dismissed and the applicants were ordered to pay the costs of the application jointly and severally.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered jointly and severally to pay the costs of this application.