Castcrete (Pty) Ltd v Assasi Bhams Investments (Pty) Ltd (2328/2017) [2023] ZANWHC 68 (6 June 2023)

Castcrete (Pty) Ltd v Assasi Bhams Investments (Pty) Ltd (2328/2017) [2023] ZANWHC 68 (6 June 2023)

The court found that none of the grounds of appeal raised by the applicant, whether factual or legal, had reasonable prospects of success. The court had already dealt extensively with the factual disputes and legal contentions in its judgment on the merits. Regarding subrogation, the court accepted the respondent's argument that the principle was not established by the evidence, as the nature of Credit Guarantee's involvement was not proved and no evidence was led regarding locus standi or the terms of any insurance agreement. The applicant's reliance on subrogation was therefore misplaced. The court concluded that there was no compelling reason for the appeal to be heard and no...

Citation
[2023] ZANWHC 68
Parties
Applicant: Castcrete (Pty) Ltd; Respondent: Assasi Bhams Investments (Pty) Ltd
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
6 June 2023
Case Number
2328/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits
Outcome
Application for leave to appeal dismissed with costs.
Judges
R D Hendricks
Legal Topics
Leave to Appeal, Prospects of Success, Subrogation, Locus Standi
Civil Procedure Leave to Appeal Prospects of Success Subrogation Locus Standi

Case Brief

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Parties

Castcrete (Pty) Ltd

Applicant

Assasi Bhams Investments (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal against the judgment and order of 19 October 2022.
  2. 2 Whether the principle of subrogation entitled Credit Guarantee to pursue the claim in the name of the applicant without evidence of locus standi.
  3. 3 Whether the grounds of appeal raised by the applicant warrant leave to appeal.

Ratio Decidendi

The court found that none of the grounds of appeal raised by the applicant, whether factual or legal, had reasonable prospects of success. The court had already dealt extensively with the factual disputes and legal contentions in its judgment on the merits. Regarding subrogation, the court accepted the respondent's argument that the principle was not established by the evidence, as the nature of Credit Guarantee's involvement was not proved and no evidence was led regarding locus standi or the terms of any insurance agreement. The applicant's reliance on subrogation was therefore misplaced. The court concluded that there was no compelling reason for the appeal to be heard and no...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal to either the Full Court of this Division, alternatively to the Supreme Court of Appeal (SCA), is dismissed.
  • The applicant is ordered to pay the costs of this application for leave to appeal, on a party-and-party basis, to be taxed.