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South Africa Judgment

North Gauteng High Court, Pretoria

Griffioen v Griffioen and Others (Leave to Appeal) (2025/039891) [2025] ZAGPPHC 656 (24 June 2025)

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Source document

01

Holding and result

The court found that the application for leave to appeal did not satisfy the requirements of section 17(1)(a) of the Superior Courts Act. There were no reasonable prospects that another court would reach a different conclusion, nor were there compelling reasons for the appeal to be heard. The court reaffirmed its earlier findings regarding lack of urgency and locus standi. Accordingly, the application for leave to appeal was dismissed with costs on the prescribed scale.

Court disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • Costs are awarded against the applicant on the scale set out in Rule 69(7) of the Uniform Rules of Court.

02

Material facts

Parties

Anita Griffioen

Applicant Counsel: C Barreiro

Johannes Griffioen

Respondent

Heinrich Olivier

Respondent Counsel: W C Carstens

Alan Jordaan N.O.

Respondent

Otto Krause Attorneys

Respondent Counsel: C B Garvey

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Application

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant argued that the court erred in finding a lack of urgency and locus standi, and that there are prospects of success on appeal. The applicant submitted that the matter involves important issues warranting reconsideration by another court.
Respondent
The respondents contended that the application for leave to appeal does not meet the requirements of section 17(1)(a) of the Superior Courts Act, as there are no reasonable prospects of success and no compelling reasons for the appeal to be heard. They argued that the original judgment was correct and costs should follow the result.

05

Court’s reasoning

  1. 01

    Section 17(1)(a) of the Superior Courts Act 10 of 2013

    Leave to appeal may only be granted if the court is of the opinion that the appeal would have reasonable prospects of success or there are compelling reasons for it to be heard.

  2. 02

    Rule 69(7) of the Uniform Rules of Court

    Costs are awarded on the scale set out in Rule 69(7) of the Uniform Rules of Court when applications are dismissed.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the application for leave to appeal did not satisfy the requirements of section 17(1)(a) of the Superior Courts Act. There were no reasonable prospects that another court would reach a different conclusion, nor were there compelling reasons for the appeal to be heard. The court reaffirmed its earlier findings regarding lack of urgency and locus standi. Accordingly, the application for leave to appeal was dismissed with costs on the prescribed scale.

Obiter and limits

  • The court noted that there was nothing further to add to the extempore judgment and written reasons previously furnished.
  • The uploading of the judgment onto Caselines is deemed to be the date of judgment.

Court disposition

Application for leave to appeal dismissed with costs.

  • The application for leave to appeal is dismissed.
  • Costs are awarded against the applicant on the scale set out in Rule 69(7) of the Uniform Rules of Court.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

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Source document

North Gauteng High Court, Pretoria

Judgment

[2025] ZAGPPHC 656

REPUBLIC

OF SOUTH AFRICA

IN

THE HIGH COURT OF SOUTH AFRICA

{GAUTENG DIVISION, PRETORIA)

CASE NO: 2025/039891

(1) REPORTABLE: NO

(2) OF INTEREST TO THE JUDGES: NO

(3) REVISED: YES

DATE: 24 June 2025

SIGNATURE:

In the matter between:

ANITA

GRIFFIOEN

Applicant/Appellant

and

JOHANNES

GRIFFIOEN

1st Respondent

HEINRICH

OLIVIER

2nd Respondent

ALAN

JORDAAN N.O.

3rd Respondent

OTTO

KRAUSE ATTORNEYS

4th Respondent

JUDGMENT:

APPLICATION FOR LEAVE TO APPEAL

(The matter was heard in open court on 1 April 2025 in the Urgent Court. The application was dismissed for lack of urgency and lack of locus standi. Written reasons for the extempore judgment were handed down on 23 April 2025. The application for leave to appeal was heard in open court on 13 June 2025 and judgment is handed down by uploading thereof onto the electronic file of the matter on Caselines. The date of uploading onto Caselines is deemed to be the date of the judgment).

BEFORE: HOLLAND-MUTER J:

[1] Having heard counsel for the parties and perusing the pleadings and heads of arguments uploaded onto Caselines, and considering the provisions of Section 17(1) (a) (i) & (ii) of the Superior Court Act 10 of 2013, I am satisfied that there is no reasonable prospect of success that another court would come to another decision; of that there are some other compelling reasons why the appeal should be heard.

[2] There is nothing further to add to the extempore judgment and the written reasons furnished.

[3] The application for leave to appeal is dismissed with costs, costs to be on Scale Bas contained in Rule 69(7) of the Uniform Rules of Court.

HOLLAND-MUTER J

Judge of the Pretoria High Court

24 June 202

Counsel for the Applicant:

Adv C Barreiro

Counsel for Second Respondent:

Adv W C Carstens

Counsel for Fourth Respondent

Adv C B Garvey

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Superior Courts Act 10 of 2013

Legislation

Legislation referenced in the available case record.

Uniform Rules of Court

Legislation

Legislation referenced in the available case record.

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