Gericke v Griffons Rugby (EDMS) Beperk and Another (LA 107/2005) [2006] ZAFSHC 105 (26 January 2006)

Gericke v Griffons Rugby (EDMS) Beperk and Another (LA 107/2005) [2006] ZAFSHC 105 (26 January 2006)

The court found that the applicant failed to convince it that there were reasonable prospects of success in the appeal. Although the applicant initially sought to approach the Constitutional Court directly on a constitutional point, circumstances changed and the applicant requested judgment from this court. However, no details of the changed circumstances were provided, and the applicant's submissions did not establish a basis for granting leave to appeal. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2006] ZAFSHC 105
Parties
Applicant: J E von Gericke; Respondent: Griffons Rugby (EDMS) Beperk; Respondent: Another
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
26 January 2006
Case Number
LA 107/2005
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Before the High Court
Outcome
Application for leave to appeal dismissed with costs.
Judges
Cillié, R
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Constitutional Issue
Civil Procedure Constitutional Law Leave to Appeal Reasonable Prospect of Success Constitutional Issue

Case Brief

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Parties

J E von Gericke

Applicant

Griffons Rugby (EDMS) Beperk

Respondent

Another

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Before the High Court

Legal Issues

  1. 1 Whether the applicant has shown reasonable prospects of success for leave to appeal before this court.
  2. 2 Whether the constitutional point raised by the applicant justifies granting leave to appeal.

Ratio Decidendi

The court found that the applicant failed to convince it that there were reasonable prospects of success in the appeal. Although the applicant initially sought to approach the Constitutional Court directly on a constitutional point, circumstances changed and the applicant requested judgment from this court. However, no details of the changed circumstances were provided, and the applicant's submissions did not establish a basis for granting leave to appeal. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.