Cervanties Trading CC v City of Tshwane Metropolitan Municipality (43181/2016) [2019] ZAGPPHC 536 (31 October 2019)

Cervanties Trading CC v City of Tshwane Metropolitan Municipality (43181/2016) [2019] ZAGPPHC 536 (31 October 2019)

The court found that the application for leave to appeal was filed slightly late but, upon consideration of the condonation application, was satisfied that a proper case for condonation had been made out. The judge reconsidered both the grounds for leave to appeal and the previous judgment, concluding that the applicant has reasonable prospects of success on appeal. Accordingly, condonation for the late filing was granted and leave to appeal was granted to the full court of the division.

Citation
[2019] ZAGPPHC 536
Parties
Applicant: Cervanties Trading CC; Respondent: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 October 2019
Case Number
43181/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Condonation for the late filing of the application for leave to appeal is granted. Leave to appeal is granted to the full court of this division. Costs are to be costs in the appeal.
Judges
AC Basson
Legal Topics
Condonation, Leave to Appeal, Institution of Legal Proceedings Against Organs of State
Civil Procedure Condonation Leave to Appeal Institution of Legal Proceedings Against Organs of State

Case Brief

Summary, issues, holding and outcome

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Parties

Cervanties Trading CC

Applicant

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether leave to appeal should be granted to the full court.

Ratio Decidendi

The court found that the application for leave to appeal was filed slightly late but, upon consideration of the condonation application, was satisfied that a proper case for condonation had been made out. The judge reconsidered both the grounds for leave to appeal and the previous judgment, concluding that the applicant has reasonable prospects of success on appeal. Accordingly, condonation for the late filing was granted and leave to appeal was granted to the full court of the division.

Court Disposition

Condonation for the late filing of the application for leave to appeal is granted. Leave to appeal is granted to the full court of this division. Costs are to be costs in the appeal.

Orders

  • Condonation is granted for the late filing of the application for leave to appeal.
  • Leave to appeal is granted to the full court of this division.