Changing Tides 17 (Pty) Ltd v Mangolele and Others (41375/2013) [2018] ZAGPJHC 55 (23 March 2018)

Changing Tides 17 (Pty) Ltd v Mangolele and Others (41375/2013) [2018] ZAGPJHC 55 (23 March 2018)

The court considered the written and oral arguments presented by both parties and found that the applicant failed to demonstrate reasonable prospects of success on appeal. The judgment of 22 September 2017 was found to be correct and there was no basis for another court to reach a different conclusion. The application for leave to appeal was therefore dismissed. Given the circumstances and the lack of merit in the application, the court ordered costs on an attorney-client scale against the applicant.

Citation
[2018] ZAGPJHC 55
Parties
Applicant: Changing Tides 17 (Pty) Ltd; Respondent: Freedom Amukelani Mangolele; Respondent: Kgomotso Penelope Sibeko; Respondent: Nathan Gift Nhlapho; Respondent: Johanna Ngwana-Monana Nhlapho
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 March 2018
Case Number
41375/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Outcome
Leave to appeal dismissed with costs on an attorney-client scale.
Judges
Cambanis
Legal Topics
Leave to Appeal, Costs on Attorney Client Scale
Civil Procedure Leave to Appeal Costs on Attorney Client Scale

Case Brief

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Parties

Changing Tides 17 (Pty) Ltd

Applicant

Freedom Amukelani Mangolele

Respondent

Kgomotso Penelope Sibeko

Respondent

Nathan Gift Nhlapho

Respondent

Johanna Ngwana-Monana Nhlapho

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment delivered on 22 September 2017.
  2. 2 Whether the applicant has demonstrated reasonable prospects of success on appeal.
  3. 3 Whether costs should be awarded on an attorney-client scale.

Ratio Decidendi

The court considered the written and oral arguments presented by both parties and found that the applicant failed to demonstrate reasonable prospects of success on appeal. The judgment of 22 September 2017 was found to be correct and there was no basis for another court to reach a different conclusion. The application for leave to appeal was therefore dismissed. Given the circumstances and the lack of merit in the application, the court ordered costs on an attorney-client scale against the applicant.

Court Disposition

Leave to appeal dismissed with costs on an attorney-client scale.

Orders

  • The petition for leave to appeal is dismissed with costs on an attorney-client scale.