Fellowes v El Hage N.O and Others [2022] ZAGPJHC 652 (1 September 2022)

Fellowes v El Hage N.O and Others [2022] ZAGPJHC 652 (1 September 2022)

The court found that the applicants have reasonable prospects of success on appeal and that the interests of justice favour granting leave to appeal. The matter does not require the attention of the Supreme Court of Appeal, and leave is accordingly granted to the Full Court of the Gauteng Local Division, Johannesburg. Costs are to be costs in the appeal.

Citation
[2022] ZAGPJHC 652
Parties
Applicant: Nicola Fellowes; Respondent: Lilian Saide El Hage N.O; Respondent: IProtect Trustees (Pty) Ltd N.O; Respondent: Frank Macartney
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 September 2022
Case Number
21/18466
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment in Main Action
Outcome
Leave to appeal granted to the Full Court of the Gauteng Local Division, Johannesburg. Costs to be costs in the appeal.
Judges
E. Daniels
Legal Topics
Leave to Appeal, Prospects of Success, Costs in Appeal
Civil Procedure Leave to Appeal Prospects of Success Costs in Appeal

Case Brief

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Parties

Nicola Fellowes

Applicant

Lilian Saide El Hage N.O

Respondent

IProtect Trustees (Pty) Ltd N.O

Respondent

Frank Macartney

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment in Main Action

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal.
  2. 2 Whether leave to appeal should be granted to the Full Court of the Gauteng Local Division, Johannesburg.
  3. 3 Whether the case warrants attention of the Supreme Court of Appeal.

Ratio Decidendi

The court found that the applicants have reasonable prospects of success on appeal and that the interests of justice favour granting leave to appeal. The matter does not require the attention of the Supreme Court of Appeal, and leave is accordingly granted to the Full Court of the Gauteng Local Division, Johannesburg. Costs are to be costs in the appeal.

Court Disposition

Leave to appeal granted to the Full Court of the Gauteng Local Division, Johannesburg. Costs to be costs in the appeal.

Orders

  • Leave to appeal is granted to the Full Court of the Gauteng Local Division, Johannesburg.
  • Costs are to be costs in the appeal.