Holdsworth-Jenkins and Another v Worldwind Logistics (Pty) Ltd In re: Worldwind Logistics (Pty) Limited v Holtsworths-Jenkins and Another (28255/2018) [2021] ZAGPJHC 886 (5 July 2021)

Holdsworth-Jenkins and Another v Worldwind Logistics (Pty) Ltd In re: Worldwind Logistics (Pty) Limited v Holtsworths-Jenkins and Another (28255/2018) [2021] ZAGPJHC 886 (5 July 2021)

The court found that the applicants failed to advance any cogent grounds that could lead another court to a different decision. The facts found to be common cause were correctly determined, and the Plascon Evans rule was properly applied. The applicability of the Rental Housing Act and Consumer Protection Act was correctly reasoned in the original judgment, and there are no reasonable prospects of success or compelling reasons justifying leave to appeal. The counterclaim was correctly dismissed, and the issues raised do not amount to special circumstances or matters of public interest. The application for leave to appeal is therefore dismissed with costs.

Citation
[2021] ZAGPJHC 886
Parties
Applicant: Jaqueline-Jane Holdsworth-Jenkins; Applicant: Lee Evan Jenkins; Respondent: Worldwind Logistics (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 July 2021
Case Number
28255/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 16 March 2021
Outcome
Application for leave to appeal dismissed with costs.
Judges
Majavu
Legal Topics
Leave to Appeal Threshold, Lease Agreement Dispute, Application of Consumer Protection Act, Application of Rental Housing Act, Counterclaim Dismissal
Civil Procedure Land and Property Leave to Appeal Threshold Lease Agreement Dispute Application of Consumer Protection Act Application of Rental Housing Act Counterclaim Dismissal

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Parties

Jaqueline-Jane Holdsworth-Jenkins

Applicant

Lee Evan Jenkins

Applicant

Worldwind Logistics (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 16 March 2021

Legal Issues

  1. 1 Whether there are reasonable prospects that another court would reach a different conclusion on the merits of the original judgment.
  2. 2 Whether the Plascon Evans rule was correctly applied regarding disputed facts in motion proceedings.
  3. 3 Whether the Rental Housing Act and Consumer Protection Act are applicable to the dispute.

Ratio Decidendi

The court found that the applicants failed to advance any cogent grounds that could lead another court to a different decision. The facts found to be common cause were correctly determined, and the Plascon Evans rule was properly applied. The applicability of the Rental Housing Act and Consumer Protection Act was correctly reasoned in the original judgment, and there are no reasonable prospects of success or compelling reasons justifying leave to appeal. The counterclaim was correctly dismissed, and the issues raised do not amount to special circumstances or matters of public interest. The application for leave to appeal is therefore dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs, on a party and party scale, including costs consequent upon the employment of counsel.