De Wet and Others v Koen and Others (20138/2011) [2011] ZAGPJHC 250 (9 December 2011)

De Wet and Others v Koen and Others (20138/2011) [2011] ZAGPJHC 250 (9 December 2011)

The court granted condonation for the late filing of the notice of application for leave to appeal, considering the explanation provided and the interests of fairness. However, the grounds for leave to appeal raised by the applicants were found to be broader than those originally contested and included new issues not previously raised or disputed. The court held that parties are bound by their factual concessions and may not introduce new factual issues or legal contentions on appeal unless covered by the pleadings and evidence, and without causing unfairness to the other party. The applicants failed to explain why these new issues were not raised earlier and did not meet the requirements...

Citation
[2011] ZAGPJHC 250
Parties
Applicant: Magdelena Maria De Wet; Applicant: Uitblink Opvoedingskundige Dienste CC t/a Skills Solutions SA; Applicant: Jeremia Jesaja De Wet; Respondent: Heinrick Wilhelm Koen; Respondent: Alicia Koen; Respondent: ADP CC t/a Human Progress Management; Respondent: Human Progress Management CC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 December 2011
Case Number
20138/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment in Favour of Respondents
Outcome
Condonation for late filing of the notice of application for leave to appeal is granted. The application for leave to appeal is refused with costs.
Judges
EF Dippenaar
Legal Topics
Leave to Appeal, Condonation, Restraint of Trade, Oral Evidence, Costs Award
Civil Procedure Leave to Appeal Condonation Restraint of Trade Oral Evidence Costs Award

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 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Magdelena Maria De Wet

Applicant

Uitblink Opvoedingskundige Dienste CC t/a Skills Solutions SA

Applicant

Jeremia Jesaja De Wet

Applicant

Heinrick Wilhelm Koen

Respondent

Alicia Koen

Respondent

ADP CC t/a Human Progress Management

Respondent

Human Progress Management CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment in Favour of Respondents

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the notice of application for leave to appeal.
  2. 2 Whether the grounds for leave to appeal raised by the applicants are permissible given the issues previously admitted or not disputed.
  3. 3 Whether new factual issues or legal contentions can be raised for the first time on appeal.

Ratio Decidendi

The court granted condonation for the late filing of the notice of application for leave to appeal, considering the explanation provided and the interests of fairness. However, the grounds for leave to appeal raised by the applicants were found to be broader than those originally contested and included new issues not previously raised or disputed. The court held that parties are bound by their factual concessions and may not introduce new factual issues or legal contentions on appeal unless covered by the pleadings and evidence, and without causing unfairness to the other party. The applicants failed to explain why these new issues were not raised earlier and did not meet the requirements...

Court Disposition

Condonation for late filing of the notice of application for leave to appeal is granted. The application for leave to appeal is refused with costs.

Orders

  • Condonation is granted for the late filing of the notice of application for leave to appeal.
  • The application for leave to appeal is refused with costs.