Kgalemo Construction CC and Others v Small Enterprise Finance Agency SOC Ltd (54791/2017) [2025] ZAGPPHC 215 (3 March 2025)

Kgalemo Construction CC and Others v Small Enterprise Finance Agency SOC Ltd (54791/2017) [2025] ZAGPPHC 215 (3 March 2025)

The court considered the grounds of appeal advanced by the applicants and found that there are no reasonable prospects of success. The court was not persuaded that any compelling reason exists for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2025] ZAGPPHC 215
Parties
Applicant: Kgalemo Construction CC; Applicant: Wilhelmina Semeemee Aphane; Applicant: Lehumo Makgalemele Aphane; Respondent: Small Enterprise Finance Agency SOC Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 March 2025
Case Number
54791/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Rescission Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
E van der Schyff
Legal Topics
Leave to Appeal, Prospects of Success, Costs Order
Civil Procedure Leave to Appeal Prospects of Success Costs Order

Case Brief

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Parties

Kgalemo Construction CC

Applicant

Wilhelmina Semeemee Aphane

Applicant

Lehumo Makgalemele Aphane

Applicant

Small Enterprise Finance Agency SOC Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Rescission Application

Legal Issues

  1. 1 Whether the applicants have demonstrated reasonable prospects of success on appeal.
  2. 2 Whether there are compelling reasons for the appeal to be heard.
  3. 3 Whether the application for leave to appeal should be dismissed with costs.

Ratio Decidendi

The court considered the grounds of appeal advanced by the applicants and found that there are no reasonable prospects of success. The court was not persuaded that any compelling reason exists for the appeal to be heard. 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.