Herclass and Another v Herclass (2322/2021) [2022] ZAFSHC 348 (14 December 2022)

Herclass and Another v Herclass (2322/2021) [2022] ZAFSHC 348 (14 December 2022)

The court considered all grounds and submissions advanced by the applicants in support of leave to appeal. Upon review of the judgment delivered on 29 June 2022 and the arguments presented, the court was satisfied that the applicants did not demonstrate reasonable prospects of success before another court....

Source-derived case information.

Citation
[2022] ZAFSHC 348
Parties
Applicant: David Herclass; Applicant: Sylvia Herclass; Respondent: Letshego Mirriam Rosie Herclass
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
14 December 2022
Case Number
2322/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
De Kock
Legal Topics
Leave to Appeal, Prospects of Success, Costs Award
Civil Procedure Leave to Appeal Prospects of Success Costs Award

Source-derived case record

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 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

David Herclass

Applicant

Sylvia Herclass

Applicant

Letshego Mirriam Rosie Herclass

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal.
  2. 2 Whether leave to appeal should be granted against the judgment delivered on 29 June 2022.

Ratio Decidendi

The court considered all grounds and submissions advanced by the applicants in support of leave to appeal. Upon review of the judgment delivered on 29 June 2022 and the arguments presented, the court was satisfied that the applicants did not demonstrate reasonable prospects of success before another court. 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.