Jacquire v Pretorius (34337/2018) [2023] ZAGPJHC 1106 (4 October 2023)

Jacquire v Pretorius (34337/2018) [2023] ZAGPJHC 1106 (4 October 2023)

The court found that the applicant failed to meet the stringent threshold set out in section 17(1)(a) of the Superior Courts Act. After considering the grounds raised in support of the application for leave to appeal, the judge was not persuaded that there was a reasonable prospect of success or any compelling reason for the appeal to be heard. The application for leave to appeal was therefore dismissed with costs.

Citation
[2023] ZAGPJHC 1106
Parties
Applicant: Jacquire Frederick John; Respondent: Pretorius Johannes Stefanus
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 October 2023
Case Number
34337/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 8 August 2022.
Outcome
Application for leave to appeal dismissed with costs.
Judges
ML Senyatsi
Legal Topics
Leave to Appeal, Superior Courts Act Section 17, Reasonable Prospect of Success
Civil Procedure Leave to Appeal Superior Courts Act Section 17 Reasonable Prospect of Success

Case Brief

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Parties

Jacquire Frederick John

Applicant

Pretorius Johannes Stefanus

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 8 August 2022.

Legal Issues

  1. 1 Whether the application for leave to appeal meets the stringent requirements of section 17(1)(a) of the Superior Courts Act.
  2. 2 Whether there is a reasonable prospect that another court would come to a different conclusion.
  3. 3 Whether there are compelling reasons, including conflicting judgments, for the appeal to be heard.

Ratio Decidendi

The court found that the applicant failed to meet the stringent threshold set out in section 17(1)(a) of the Superior Courts Act. After considering the grounds raised in support of the application for leave to appeal, the judge was not persuaded that there was a reasonable prospect of success or any compelling reason for the appeal to be heard. The application for leave to appeal was 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.