Idola (Pty) Ltd and Another v City Of Johannesburg Metropolitan Municipality and Others (Leave to Appeal) (047352-2023) [2023] ZAGPJHC 742 (23 June 2023)

Idola (Pty) Ltd and Another v City Of Johannesburg Metropolitan Municipality and Others (Leave to Appeal) (047352-2023) [2023] ZAGPJHC 742 (23 June 2023)

The court found that there is a reasonable prospect that another court may reach a different conclusion regarding the interim order for restoration of municipal services, including the question of whether the order is appealable. Accordingly, leave to appeal was granted to a full court of the Gauteng Division, Johannesburg. Costs in the appeal were reserved.

Citation
[2023] ZAGPJHC 742
Parties
Applicant: Idola (Pty) Ltd; Applicant: Twin City Realty (Pty) Ltd; Respondent: City of Johannesburg Metropolitan Municipality; Respondent: Municipal Manager of the City of Johannesburg Metropolitan Municipality; Respondent: Johannesburg Water (SOC); Respondent: City Power (SOC)
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 June 2023
Case Number
047352-2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Interim Order
Outcome
Leave to appeal granted to a full court of the Gauteng Division, Johannesburg. Costs in the appeal.
Judges
GC Wright
Legal Topics
Leave to Appeal, Interim Relief, Restoration of Municipal Services
Civil Procedure Administrative Law Leave to Appeal Interim Relief Restoration of Municipal Services

Case Brief

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Parties

Idola (Pty) Ltd

Applicant

Twin City Realty (Pty) Ltd

Applicant

City of Johannesburg Metropolitan Municipality

Respondent

Municipal Manager of the City of Johannesburg Metropolitan Municipality

Respondent

Johannesburg Water (SOC)

Respondent

City Power (SOC)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Interim Order

Legal Issues

  1. 1 Whether there is a reasonable prospect of success on appeal against the interim order for restoration of municipal services.
  2. 2 Whether the order granted is appealable at this stage.

Ratio Decidendi

The court found that there is a reasonable prospect that another court may reach a different conclusion regarding the interim order for restoration of municipal services, including the question of whether the order is appealable. Accordingly, leave to appeal was granted to a full court of the Gauteng Division, Johannesburg. Costs in the appeal were reserved.

Court Disposition

Leave to appeal granted to a full court of the Gauteng Division, Johannesburg. Costs in the appeal.

Orders

  • Leave to appeal the order of Wright J of 25 May 2023 is granted.
  • Leave is to a full court of the Gauteng Division, Johannesburg.