de Lange and Another v de Klerk (49408/2020) [2023] ZAGPPHC 620 (2 August 2023)

de Lange and Another v de Klerk (49408/2020) [2023] ZAGPPHC 620 (2 August 2023)

The court found that, after considering the grounds for leave to appeal and the arguments presented, there is neither a reasonable prospect that another court would reach a different conclusion nor any compelling reason to grant leave to appeal. The requirements of section 17 of the Superior Courts Act were not met, and the application for leave to appeal must therefore be dismissed.

Citation
[2023] ZAGPPHC 620
Parties
Applicant: Leon Marthinus de Lange; Applicant: Alidaforce (Pty) Ltd; Respondent: Helia Aletta de Klerk
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 August 2023
Case Number
49408/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
E van der Schyff
Legal Topics
Leave to Appeal, Superior Courts Act, Prospects of Success
Civil Procedure Leave to Appeal Superior Courts Act Prospects of Success

Case Brief

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Parties

Leon Marthinus de Lange

Applicant

Alidaforce (Pty) Ltd

Applicant

Helia Aletta de Klerk

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether the application for leave to appeal meets the requirements of section 17 of the Superior Courts Act.
  2. 2 Whether there is a reasonable prospect of success on appeal or any compelling reason to grant leave.

Ratio Decidendi

The court found that, after considering the grounds for leave to appeal and the arguments presented, there is neither a reasonable prospect that another court would reach a different conclusion nor any compelling reason to grant leave to appeal. The requirements of section 17 of the Superior Courts Act were not met, and the application for leave to appeal must therefore be dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.