Kasper v Andre Kemp Boerdery CC [2010] ZAWCHC 640; ; 10879/2006 (22 September 2010)

Kasper v Andre Kemp Boerdery CC [2010] ZAWCHC 640; ; 10879/2006 (22 September 2010)

The court found that, having considered the grounds of appeal and the arguments presented by both parties, there exists a reasonable prospect that another court could reach a different finding on both factual and legal issues. Accordingly, leave to appeal to the Full Bench of the division is granted.

Citation
[2010] ZAWCHC 640
Parties
Applicant: Bernd Ranier Kasper; Respondent: Andre Kemp Boerdery CC
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
22 September 2010
Case Number
10879/2006
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal to the Full Bench of the Western Cape High Court is granted.
Judges
Saldanha
Legal Topics
Leave to Appeal, Prospects of Success
Civil Procedure Leave to Appeal Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

Bernd Ranier Kasper

Applicant

Andre Kemp Boerdery CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court could reach a different conclusion on the facts and law.
  2. 2 Whether leave to appeal should be granted to the Full Bench.

Ratio Decidendi

The court found that, having considered the grounds of appeal and the arguments presented by both parties, there exists a reasonable prospect that another court could reach a different finding on both factual and legal issues. Accordingly, leave to appeal to the Full Bench of the division is granted.

Court Disposition

Leave to appeal to the Full Bench of the Western Cape High Court is granted.

Orders

  • Leave to appeal to the Full Bench of this division is granted.