Coetzer v Mabaso (1825/2013) [2015] ZAFSHC 72 (20 March 2015)

Coetzer v Mabaso (1825/2013) [2015] ZAFSHC 72 (20 March 2015)

The court found that, although it was satisfied with its own credibility findings and the application of section 12(3) of the Prescription Act, another court constituted differently may reach a different conclusion on the issues, particularly regarding the dismissal of the applicant's plea of prescription and the adverse credibility findings. Therefore, leave to appeal to the Full Bench was granted.

Citation
[2015] ZAFSHC 72
Parties
Applicant: Charl Coetzer; Respondent: Mzondase Ingrid Mabaso
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 March 2015
Case Number
1825/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Full Bench After Judgment
Outcome
Leave to appeal to the Full Bench of the Free State High Court is granted.
Judges
L.B.J. Moeng
Legal Topics
Leave to Appeal, Prescription Act Section 12 3, Credibility Findings
Civil Procedure Leave to Appeal Prescription Act Section 12 3 Credibility Findings

Case Brief

Summary, issues, holding and outcome

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Parties

Charl Coetzer

Applicant

Mzondase Ingrid Mabaso

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Full Bench After Judgment

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal.
  2. 2 Whether the trial court correctly dismissed the applicant's plea of prescription.
  3. 3 Whether adverse credibility findings against the applicant and his witness were justified.

Ratio Decidendi

The court found that, although it was satisfied with its own credibility findings and the application of section 12(3) of the Prescription Act, another court constituted differently may reach a different conclusion on the issues, particularly regarding the dismissal of the applicant's plea of prescription and the adverse credibility findings. Therefore, leave to appeal to the Full Bench was granted.

Court Disposition

Leave to appeal to the Full Bench of the Free State High Court is granted.

Orders

  • Leave to appeal to the Full Bench of this Division is granted.
  • Costs will be costs in the appeal.