Crawford and Another v Jarmilla Logie Associates (A3048/08) [2009] ZAGPJHC 92 (10 November 2009)
The court found that there were no reasonable prospects of success in an appeal against the dismissal of the condonation application. The applicants failed to comply with Rule 50, and the previous order dismissing their condonation application was justified. Accordingly, leave to appeal was refused and the application was dismissed with costs.
- Citation
- [2009] ZAGPJHC 92
- Parties
- Applicant: Andrew Swart Crawford; Applicant: Joanne Crawford; Respondent: Jarmilla Logie Associates
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Judgment Date
- 10 November 2009
- Case Number
- A3048/08
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Condonation Application.
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- Willis, Maluleke
- Legal Topics
- Condonation, Leave to Appeal, Rule 50 Non Compliance
Case Brief
Summary, issues, holding and outcome
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Parties
Andrew Swart Crawford
Applicant
Joanne Crawford
Applicant
Jarmilla Logie Associates
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Condonation Application.
Legal Issues
- 1 Whether there are reasonable prospects of success in an appeal against the dismissal of the condonation application for failure to comply with Rule 50.
- 2 Whether leave to appeal should be granted in light of the procedural history.
Ratio Decidendi
The court found that there were no reasonable prospects of success in an appeal against the dismissal of the condonation application. The applicants failed to comply with Rule 50, and the previous order dismissing their condonation application was justified. Accordingly, leave to appeal was refused and the application 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.
Full Case Text
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