Bela Bela Local Municipality and Another v Dikala Plant Hire CC (95187/2015) [2017] ZAGPPHC 413 (3 April 2017)

Bela Bela Local Municipality and Another v Dikala Plant Hire CC (95187/2015) [2017] ZAGPPHC 413 (3 April 2017)

The court found that there are reasonable prospects of success on appeal and granted leave to appeal to the full court of the Gauteng Division of the High Court, Pretoria. The court held that the submissions made by the second respondent did not constitute valid grounds for appeal. Regarding the employment of senior counsel, the court considered itself bound by the precedent that the discretion lies with the taxing master and not the court at this stage.

Citation
[2017] ZAGPPHC 413
Parties
Applicant: Bela Bela Local Municipality; Applicant: Balimi Barui Trading (Pty) Ltd; Respondent: Dikala Plant Hire CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 April 2017
Case Number
95187/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment/orders Dated 9 November 2016.
Outcome
Leave to appeal to the full court of the Gauteng Division of the High Court, Pretoria, is granted. Costs of the application shall be costs in the appeal.
Judges
G. T. Avvakoumides
Legal Topics
Leave to Appeal, Costs in the Appeal, Employment of Senior Counsel
Civil Procedure Leave to Appeal Costs in the Appeal Employment of Senior Counsel

Case Brief

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Parties

Bela Bela Local Municipality

Applicant

Balimi Barui Trading (Pty) Ltd

Applicant

Dikala Plant Hire CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment/orders Dated 9 November 2016.

Legal Issues

  1. 1 Whether there are reasonable prospects of success on appeal against the judgment and orders dated 9 November 2016.
  2. 2 Whether the submissions made by the second respondent constitute valid grounds for appeal.
  3. 3 Whether the employment of senior counsel is justified at this stage.

Ratio Decidendi

The court found that there are reasonable prospects of success on appeal and granted leave to appeal to the full court of the Gauteng Division of the High Court, Pretoria. The court held that the submissions made by the second respondent did not constitute valid grounds for appeal. Regarding the employment of senior counsel, the court considered itself bound by the precedent that the discretion lies with the taxing master and not the court at this stage.

Court Disposition

Leave to appeal to the full court of the Gauteng Division of the High Court, Pretoria, is granted. Costs of the application shall be costs in the appeal.

Orders

  • Leave to appeal to the full court of the Gauteng Division of the High Court, Pretoria, is granted.
  • Costs of the application shall be costs in the appeal.