Crous and Another v Itau Soya (EDMS) BPK (3797/2013) [2015] ZAFSHC 230 (26 November 2015)

Crous and Another v Itau Soya (EDMS) BPK (3797/2013) [2015] ZAFSHC 230 (26 November 2015)

The court found that the applicant failed to demonstrate any reasonable prospect of success on appeal. The applicant's argument that compliance with the order was impossible due to lack of possession of the books was unsupported by credible evidence. The applicant did not plead or testify that the books were destroyed, nor did he provide any details regarding their alleged destruction. The court further noted that no material misdirection was alleged or proven. In the absence of any substantive grounds for appeal, the application for leave to appeal was dismissed.

Citation
[2015] ZAFSHC 230
Parties
Applicant: Jacobus Petrus Crous; Applicant: Francis George Dilley; Respondent: Itau Soya (EDMS) BPK
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
26 November 2015
Case Number
3797/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Contempt of Court Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
Rampai
Legal Topics
Contempt of Court, Leave to Appeal, Compliance With Court Orders
Civil Procedure Contempt of Court Leave to Appeal Compliance With Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Jacobus Petrus Crous

Applicant

Francis George Dilley

Applicant

Itau Soya (EDMS) BPK

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Contempt of Court Judgment

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the contempt of court finding and sentence.
  2. 2 Whether the applicant's inability to comply with the order due to alleged destruction of books constitutes a valid ground for appeal.
  3. 3 Whether any material misdirection occurred in the original judgment.

Ratio Decidendi

The court found that the applicant failed to demonstrate any reasonable prospect of success on appeal. The applicant's argument that compliance with the order was impossible due to lack of possession of the books was unsupported by credible evidence. The applicant did not plead or testify that the books were destroyed, nor did he provide any details regarding their alleged destruction. The court further noted that no material misdirection was alleged or proven. In the absence of any substantive grounds for appeal, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is directed to pay the costs.