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South Africa Judgment

North Gauteng High Court, Pretoria

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

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Source document

01

Holding and result

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.

02

Material facts

Parties

Johanna Magrieta Susanna Botha

Applicant Counsel: Adv. JA Klopper

4D Health (Pty) Ltd

Respondent Counsel: Adv. NC Maritz

03

Procedural history

  1. Posture

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

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contended that the judgment delivered on 26 April 2024 was incorrect and that there are reasonable prospects that another court would reach a different conclusion. Grounds for appeal were submitted, focusing on alleged errors in the factual and legal findings of the court.
Respondent
The respondent argued that the application for leave to appeal does not meet the requirements of section 17(1) of the Superior Courts Act. The respondent maintained that the judgment was correct and that there are no reasonable prospects of success on appeal.

05

Court’s reasoning

  1. 01

    Superior Courts Act 10 of 2013, section 17(1)

    Leave to appeal may only be granted if the court is of the opinion that the appeal would have reasonable prospects of success or there is some other compelling reason why the appeal should be heard.

06

Ratio, limits and disposition

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.

Obiter and limits

  • The judgment and order were delivered electronically and as a courtesy, emailed to the parties and their legal representatives.

Court disposition

Application for leave to appeal dismissed with costs.

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

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Judgment

[2024] ZAGPPHC 815

REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF

SOUTH AFRICA

GAUTENG DIVISION,

PRETORIA

CASE NO: 18976/2019

(1) REPORTABLE: YES/NO

(2) OF INTEREST TO OTHER JUDGES: NO

(3) REVISED: NO

Date: 19 August 2024

E van der Schyff

In the matter between:

JOHANNA

MAGRIETA SUSANNA BOTHA

APPLICANT

And

4D HEALTH (PTY) LTD

RESPONDENT

JUDGMENT

Van der Schyff J

[1] This is an application for leave to appeal the judgment and order handed down in this matter on 26 April 2024.

[2] I handed down a comprehensive judgment containing the reasons for the order. It is thus not necessary to revisit the reasons. I have considered the grounds on which the applicant approached the court for leave to appeal. I am not of the opinion that the jurisdictional requirements to grant leave to appeal as stipulated in section 17(1) of the Superior Courts Act 10 of 2013, are met. The application for leave to appeal stands to be dismissed.

ORDER

In the result, the following order is granted:

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

Judge of the High Court

Delivered: This judgement is handed down electronically by uploading it to the electronic file of this matter on CaseLines. As a courtesy gesture, it will be emailed to the parties/their legal representatives.

For the applicant: Adv. JA Klopper Instructed by: Cavanagh & Richards Attorneys For the respondent: Adv. NC Maritz Instructed by: Van der Merwe & Bester Inc. Date of the hearing: 2 August 2024 Date of judgment: 19 August 2024

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Superior Courts Act 10 of 2013

Legislation

Legislation referenced in the available case record.

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