Jacolco (Pty) Ltd and Others v Bryer (36906/2017) [2019] ZAGPJHC 103 (29 March 2019)

Jacolco (Pty) Ltd and Others v Bryer (36906/2017) [2019] ZAGPJHC 103 (29 March 2019)

The court found that none of the grounds for leave to appeal as set out in section 17 of the Superior Courts Act were satisfied. The judge stood by the reasons for the original judgment and concluded that there were no reasonable prospects that another court would come to a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2019] ZAGPJHC 103
Parties
Applicant: Jacolco (Pty) Ltd; Applicant: Douglas Munthali; Applicant: Eunice Kasoka; Applicant: Charles Pickford Thole; Respondent: Eric Bryer
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
29 March 2019
Case Number
36906/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on 8 June 2018.
Outcome
Application for leave to appeal dismissed with costs.
Judges
L T Modiba
Legal Topics
Leave to Appeal, Superior Courts Act Section 17, Costs Order
Civil Procedure Leave to Appeal Superior Courts Act Section 17 Costs Order

Case Brief

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jacolco (Pty) Ltd

Applicant

Douglas Munthali

Applicant

Eunice Kasoka

Applicant

Charles Pickford Thole

Applicant

Eric Bryer

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on 8 June 2018.

Legal Issues

  1. 1 Whether the grounds for leave to appeal as set out in section 17 of the Superior Courts Act are satisfied.
  2. 2 Whether the application for leave to appeal should be granted or dismissed.

Ratio Decidendi

The court found that none of the grounds for leave to appeal as set out in section 17 of the Superior Courts Act were satisfied. The judge stood by the reasons for the original judgment and concluded that there were no reasonable prospects that another court would come to a different conclusion. 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.