Kgoano Consulting and Projects Management CC and Another v Business Partners Limited (30127/2021) [2024] ZAGPPHC 319 (4 April 2024)

Kgoano Consulting and Projects Management CC and Another v Business Partners Limited (30127/2021) [2024] ZAGPPHC 319 (4 April 2024)

The court found that condonation for the late filing of the application for leave to appeal was warranted in the interest of justice, particularly as the respondent did not strongly oppose it. However, after considering the grounds for leave to appeal, the court determined that no new or novel points were raised that had not already been addressed in the previous judgment delivered on 15 June 2023. The court reaffirmed its earlier reasoning and concluded that there were no reasonable prospects of success on appeal, nor were there compelling reasons for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed with costs on an attorney-and-client scale, as...

Citation
[2024] ZAGPPHC 319
Parties
Applicant: Kgoano Consulting & Projects Management CC; Applicant: Mmatsheko Kate Morekhure; Respondent: Business Partners Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 April 2024
Case Number
30127/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 15 June 2023
Outcome
Application for condonation granted with costs; application for leave to appeal dismissed with costs on an attorney-and-client scale.
Judges
Le Grange
Legal Topics
Condonation, Leave to Appeal, Costs Award, Recission Application
Civil Procedure Condonation Leave to Appeal Costs Award Recission Application

Case Brief

Summary, issues, holding and outcome

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Parties

Kgoano Consulting & Projects Management CC

Applicant

Mmatsheko Kate Morekhure

Applicant

Business Partners Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 15 June 2023

Legal Issues

  1. 1 Whether condonation for late filing should be granted.
  2. 2 Whether leave to appeal should be granted based on the grounds raised.
  3. 3 Whether there are reasonable prospects of success on appeal.

Ratio Decidendi

The court found that condonation for the late filing of the application for leave to appeal was warranted in the interest of justice, particularly as the respondent did not strongly oppose it. However, after considering the grounds for leave to appeal, the court determined that no new or novel points were raised that had not already been addressed in the previous judgment delivered on 15 June 2023. The court reaffirmed its earlier reasoning and concluded that there were no reasonable prospects of success on appeal, nor were there compelling reasons for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed with costs on an attorney-and-client scale, as...

Court Disposition

Application for condonation granted with costs; application for leave to appeal dismissed with costs on an attorney-and-client scale.

Orders

  • The application for condonation is granted, the applicant to pay the costs thereof.
  • The application for leave to appeal is dismissed with costs on an attorney-and-client scale.