Fourouclas and Another v Pretorius (10619/10) [2017] ZAGPPHC 843 (16 November 2017)

Fourouclas and Another v Pretorius (10619/10) [2017] ZAGPPHC 843 (16 November 2017)

The court found that the applicants have demonstrated reasonable prospects of success on appeal, particularly as the issue of prescription implicates constitutional rights of access to courts under section 34 of the Constitution. The threshold for granting leave to appeal under section 17(1) of the Superior Courts Act has been met, as the applicants' grounds are not merely factual disputes but raise important legal and constitutional questions. It is in the interests of justice that leave to appeal be granted to the Full Court of the division.

Citation
[2017] ZAGPPHC 843
Parties
Applicant: Costas Fourouclas; Applicant: Johannes Jacobus Oelofse N.O; Respondent: Andre Pretorius
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 November 2017
Case Number
10619/10
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted to the Full Court of the division.
Judges
Hughes
Legal Topics
Leave to Appeal, Reasonable Prospects of Success, Prescription, Access to Courts
Civil Procedure Leave to Appeal Reasonable Prospects of Success Prescription Access to Courts

Case Brief

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Parties

Costas Fourouclas

Applicant

Johannes Jacobus Oelofse N.O

Applicant

Andre Pretorius

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicants have demonstrated reasonable prospects of success on appeal.
  2. 2 Whether the issue of prescription raises constitutional considerations warranting leave to appeal.
  3. 3 Whether the threshold for granting leave to appeal under section 17(1) of the Superior Courts Act has been met.

Ratio Decidendi

The court found that the applicants have demonstrated reasonable prospects of success on appeal, particularly as the issue of prescription implicates constitutional rights of access to courts under section 34 of the Constitution. The threshold for granting leave to appeal under section 17(1) of the Superior Courts Act has been met, as the applicants' grounds are not merely factual disputes but raise important legal and constitutional questions. It is in the interests of justice that leave to appeal be granted to the Full Court of the division.

Court Disposition

Leave to appeal granted to the Full Court of the division.

Orders

  • The application for leave to appeal for the first and second applicant is granted to the Full Court of this division.
  • The costs of this application are to be costs in the appeal.