Belmont Guest House v Gore NO and Another (9080/2010) [2010] ZAWCHC 535 (9 November 2010)
The court found that, on balance and particularly in regard to the respective degrees of prejudice that would be suffered by the parties if an immediate eviction order were granted, there exists a reasonable prospect that another court may reach a different conclusion. Accordingly, leave to appeal was granted to the...
Source-derived case information.
- Citation
- [2010] ZAWCHC 535
- Parties
- Applicant: Belmont Guest Home; Respondent: Stephen Malcolm Gore N.O.; Respondent: Muhammad Rushdi Raja
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Judgment Date
- 9 November 2010
- Case Number
- 9080/2010
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Leave to appeal granted to the Full Bench of the Division; costs of the application to be costs in the appeal.
- Judges
- M. J. Fitzgerald
- Legal Topics
- Leave to Appeal, Eviction Order, Prejudice Assessment
Source-derived case record
Summary, issues, holding and outcome
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Parties
Belmont Guest Home
Applicant
Stephen Malcolm Gore N.O.
Respondent
Muhammad Rushdi Raja
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted against the judgment and order of 23 September 2010.
- 2 Whether there is a reasonable prospect that another court may reach a different conclusion regarding the eviction order and prejudice to the parties.
Ratio Decidendi
The court found that, on balance and particularly in regard to the respective degrees of prejudice that would be suffered by the parties if an immediate eviction order were granted, there exists a reasonable prospect that another court may reach a different conclusion. Accordingly, leave to appeal was granted to the Full Bench of the Division, and the costs of the application were ordered to be costs in the appeal.
Court Disposition
Leave to appeal granted to the Full Bench of the Division; costs of the application to be costs in the appeal.
Orders
- Leave to appeal against the judgment and order of 23 September 2010 is granted to the Full Bench of this Division.
- The costs of this application are to be costs in the appeal.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)
Case No. 9080/2010 9 November 2010 In the matter between: BELMONT GUEST HOME …..............................................................................................Applicant and STEPHEN MALCOLM GORE N.O. …....................................................................First Respondent MUHAMMAD RUSHDI RAJA ….........................................................................Second Respondent JUDGMENT APPLICATION FOR LEAVE TO APPEAL FITZGERALD, AJ: This is an application for leave to appeal against the whole of the judgment and order granted by me on 23 September 2010. The grounds upon which leave is sought, are set out in a document dated 27 September 2010, entitled Notice of Appeal, and a further document entitled Application for leave to Appeal in terms of Rule 49 dated 14 October 2010. I have had regard to those grounds. I have also had regard to the oral submissions made in court today both by counsel for applicant in this application, and the respondent. The test, as is trite, for applications for leave to appeal is whether another court might reasonably come to a conclusion different from mine. It seems on balance, and in particular in regard to the respective degrees of prejudice, which will be suffered by the parties in the event that an immediate eviction order be granted, that a prospect exists that another court may reasonably come to a conclusion different to mine. In the circumstances, I direct that leave to appeal against my judgment be granted to the Full Bench of this Division and that the costs of this application be costs in the appeal. M. J. FITZGERALD, AJ
Case No. 9080/2010
9 November 2010
In the matter between:
BELMONT GUEST HOME …..............................................................................................Applicant
and
STEPHEN MALCOLM GORE N.O. …....................................................................First Respondent
MUHAMMAD RUSHDI RAJA ….........................................................................Second Respondent
JUDGMENT APPLICATION FOR LEAVE TO APPEAL
FITZGERALD, AJ:
This is an application for leave to appeal against the whole of the judgment and order granted by me on 23 September 2010. The grounds upon which leave is sought, are set out in a document dated 27 September 2010, entitled Notice of Appeal, and a further document entitled Application for leave to Appeal in terms of Rule 49 dated 14 October 2010.
I have had regard to those grounds. I have also had regard to the oral submissions made in court today both by counsel for applicant in this application, and the respondent. The test, as is trite, for applications for leave to appeal is whether another court might reasonably come to a conclusion different from mine.
It seems on balance, and in particular in regard to the respective degrees of prejudice, which will be suffered by the parties in the event that an immediate eviction order be granted, that a prospect exists that another court may reasonably come to a conclusion different to mine.
In the circumstances, I direct that leave to appeal against my judgment be granted to the Full Bench of this Division and that the costs of this application be costs in the appeal.
M. J. FITZGERALD, AJ