De Wet and Others v Koen and Others (20138/2011) [2012] ZAGPJHC 302 (29 June 2012)

De Wet and Others v Koen and Others (20138/2011) [2012] ZAGPJHC 302 (29 June 2012)

The court granted condonation for the late filing of the notice of application for leave to appeal in the interests of fairness. However, the applicants sought to raise new issues and grounds for appeal that were not disputed or were common cause in the original application, and failed to provide adequate explanation for not raising these issues earlier. The respondents would be prejudiced by the introduction of new issues, and the applicants did not meet the requirements for introducing new evidence or affidavits. The court found that the applicants had not demonstrated that another court may reasonably come to a different finding, and accordingly refused the application for leave to...

Citation
[2012] ZAGPJHC 302
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
29 June 2012
Case Number
20138/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Granted in Favour of Respondents.
Outcome
Condonation for late filing granted; application for leave to appeal refused with costs.
Judges
EF Dippenaar
Legal Topics
Leave to Appeal, Condonation, Factual Concessions, New Issues on Appeal, Costs Award
Civil Procedure Leave to Appeal Condonation Factual Concessions New Issues on Appeal Costs Award

Case Brief

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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 and Order Granted 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 applicants may raise new issues on appeal that were not raised or disputed in the original application.
  3. 3 Whether the applicants have demonstrated that another court may reasonably come to a different finding on the matter.

Ratio Decidendi

The court granted condonation for the late filing of the notice of application for leave to appeal in the interests of fairness. However, the applicants sought to raise new issues and grounds for appeal that were not disputed or were common cause in the original application, and failed to provide adequate explanation for not raising these issues earlier. The respondents would be prejudiced by the introduction of new issues, and the applicants did not meet the requirements for introducing new evidence or affidavits. The court found that the applicants had not demonstrated that another court may reasonably come to a different finding, and accordingly refused the application for leave to...

Court Disposition

Condonation for late filing granted; application for leave to appeal 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.