Jakobo v Grimbeek (380/2013) [2014] ZAFSHC 191 (23 October 2014)

Jakobo v Grimbeek (380/2013) [2014] ZAFSHC 191 (23 October 2014)

The court finds that, although the respondent is prejudiced by the destruction of his file and the passage of time, there exists a reasonable possibility that another court may approach the matter differently or reach a different conclusion on the facts or law. The application for leave to appeal is therefore granted, as the threshold for leave to appeal is met when there is a reasonable prospect of success before another court.

Citation
[2014] ZAFSHC 191
Parties
Applicant: Mziwandile Alfred Jakobo; Respondent: Johannes Petrus Louis Grimbeek
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
23 October 2014
Case Number
380/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal to the full bench of this division is granted.
Judges
Kruger, R
Legal Topics
Prescription, Leave to Appeal, Credibility of Witnesses
Civil Procedure Prescription Leave to Appeal Credibility of Witnesses

Case Brief

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Parties

Mziwandile Alfred Jakobo

Applicant

Johannes Petrus Louis Grimbeek

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the upholding of the respondent's special plea of prescription.
  2. 2 Whether another court may reach a different conclusion on the facts or law regarding the prescription defence.

Ratio Decidendi

The court finds that, although the respondent is prejudiced by the destruction of his file and the passage of time, there exists a reasonable possibility that another court may approach the matter differently or reach a different conclusion on the facts or law. The application for leave to appeal is therefore granted, as the threshold for leave to appeal is met when there is a reasonable prospect of success before another court.

Court Disposition

Leave to appeal to the full bench of this division is granted.

Orders

  • Leave to appeal to the full bench of the Free State High Court is granted.
  • Costs of this application are costs in the appeal.