Fatmols Lodges Proprietary Limited v Botha and Others (2023/017800) [2024] ZAGPJHC 250 (11 March 2024)

Fatmols Lodges Proprietary Limited v Botha and Others (2023/017800) [2024] ZAGPJHC 250 (11 March 2024)

The applicant failed to demonstrate that another court would come to a different finding on any of the material issues decided in the main judgment. The factual findings regarding the absence of sufficient evidence for the alleged oral agreement, the existence of a bona fide dispute of fact, and the failure to meet the requirements for an anti-dissipation interdict were not seriously challenged. The applicant merely repeated arguments previously advanced, without showing any misdirection or error in the application of legal principles. The court found no basis to grant leave to appeal, and no unusual circumstances warranting a departure from the principle that costs follow the result. The...

Citation
[2024] ZAGPJHC 250
Parties
Applicant: Fatmols Lodges Proprietary Limited; Respondent: Jean Botha; Respondent: Registrar of Deeds; Respondent: Standard Bank of SA Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 March 2024
Case Number
2023/017800
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Delivered on 19 December 2023.
Outcome
Application for leave to appeal dismissed with costs on the attorney and client scale.
Judges
B.C. Wanless
Legal Topics
Leave to Appeal, Anti Dissipation Interdict, Interim Interdict, Costs on Punitive Scale
Civil Procedure Leave to Appeal Anti Dissipation Interdict Interim Interdict Costs on Punitive Scale

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 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Fatmols Lodges Proprietary Limited

Applicant

Jean Botha

Respondent

Registrar of Deeds

Respondent

Standard Bank of SA Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Delivered on 19 December 2023.

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment and order delivered on 19 December 2023.
  2. 2 Whether the applicant has demonstrated that another court would come to a different finding.
  3. 3 Whether the applicant has satisfied the requirements for an anti-dissipation interdict.

Ratio Decidendi

The applicant failed to demonstrate that another court would come to a different finding on any of the material issues decided in the main judgment. The factual findings regarding the absence of sufficient evidence for the alleged oral agreement, the existence of a bona fide dispute of fact, and the failure to meet the requirements for an anti-dissipation interdict were not seriously challenged. The applicant merely repeated arguments previously advanced, without showing any misdirection or error in the application of legal principles. The court found no basis to grant leave to appeal, and no unusual circumstances warranting a departure from the principle that costs follow the result. The...

Court Disposition

Application for leave to appeal dismissed with costs on the attorney and client scale.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of this application on the scale of attorney and client.