Botha v 4D Health (Pty) Ltd (18976/2019) [2024] ZAGPPHC 815 (19 August 2024)

Botha v 4D Health (Pty) Ltd (18976/2019) [2024] ZAGPPHC 815 (19 August 2024)

The court found that the applicant failed to meet the jurisdictional requirements for leave to appeal as set out in section 17(1) of the Superior Courts Act. After considering the grounds for appeal, the judge was not persuaded that there are reasonable prospects that another court would come to a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2024] ZAGPPHC 815
Parties
Applicant: Johanna Magrieta Susanna Botha; Respondent: 4D Health (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 August 2024
Case Number
18976/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 26 April 2024.
Outcome
Application for leave to appeal dismissed with costs.
Judges
E van der Schyff
Legal Topics
Leave to Appeal, Superior Courts Act Section 17, Costs Award
Civil Procedure Leave to Appeal Superior Courts Act Section 17 Costs Award

Case Brief

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Parties

Johanna Magrieta Susanna Botha

Applicant

4D Health (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 26 April 2024.

Legal Issues

  1. 1 Whether the applicant has met the jurisdictional requirements for leave to appeal under section 17(1) of the Superior Courts Act.
  2. 2 Whether there are reasonable prospects that another court would come to a different conclusion.

Ratio Decidendi

The court found that the applicant failed to meet the jurisdictional requirements for leave to appeal as set out in section 17(1) of the Superior Courts Act. After considering the grounds for appeal, the judge was not persuaded that there are reasonable prospects that another court would come to a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs, costs of counsel on scale B.