I.K.B v C.A.B (29564/2019) [2023] ZAGPJHC 873 (4 August 2023)

I.K.B v C.A.B (29564/2019) [2023] ZAGPJHC 873 (4 August 2023)

The court found that all issues raised in the application for leave to appeal had already been considered in the original judgment. The judge was not persuaded that another court would reach a different conclusion or that there were reasonable prospects of success. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2023] ZAGPJHC 873
Parties
Appellant: I.K.B; Respondent: C.A.B
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 August 2023
Case Number
29564/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Appellant's Claim and Grant of Respondent's Counterclaim.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Twala M L
Legal Topics
Leave to Appeal, Reasonable Prospects of Success, Costs Order
Civil Procedure Leave to Appeal Reasonable Prospects of Success Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

I.K.B

Appellant

C.A.B

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Appellant's Claim and Grant of Respondent's Counterclaim.

Legal Issues

  1. 1 Whether the appellant has demonstrated reasonable prospects of success on appeal.
  2. 2 Whether there is any compelling reason for the appeal to be heard under section 17(1)(a) of the Superior Courts Act.

Ratio Decidendi

The court found that all issues raised in the application for leave to appeal had already been considered in the original judgment. The judge was not persuaded that another court would reach a different conclusion or that there were reasonable prospects of success. 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.