Khasu Engineering (Pty) Ltd v Naledi Local Municipality and Others (1201/2010) [2011] ZANWHC 45 (18 August 2011)

Khasu Engineering (Pty) Ltd v Naledi Local Municipality and Others (1201/2010) [2011] ZANWHC 45 (18 August 2011)

The court found that another court may reasonably find for the applicant on the basis of the grounds of appeal set out in the application for leave to appeal. Accordingly, leave to appeal was granted to the applicant to appeal to the Full Bench of the North West High Court against the whole of the judgment delivered on 30 September 2010, except for the costs which had been abandoned. The costs of the application for leave to appeal were ordered to be costs in the appeal.

Citation
[2011] ZANWHC 45
Parties
Applicant: Khasu Engineering (Pty) Ltd; Respondent: Naledi Local Municipality; Respondent: Member of the Executive Council of the North West Province designated by the Premier to be responsible for Housing Matters of Human Settlement; Respondent: Head of Department of the North West Province for Housing or Human Settlement
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
18 August 2011
Case Number
1201/2010
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 30 September 2010.
Outcome
Leave to appeal granted to the applicant on specified grounds; costs of application for leave to appeal to be costs in the appeal.
Judges
A A Landman
Legal Topics
Leave to Appeal, Grounds of Appeal, Costs Award
Civil Procedure Leave to Appeal Grounds of Appeal Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Khasu Engineering (Pty) Ltd

Applicant

Naledi Local Municipality

Respondent

Member of the Executive Council of the North West Province designated by the Premier to be responsible for Housing Matters of Human Settlement

Respondent

Head of Department of the North West Province for Housing or Human Settlement

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 30 September 2010.

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment delivered on 30 September 2010.
  2. 2 Whether the grounds set out in the notice of application dated 7 October 2010 justify leave to appeal.
  3. 3 Whether costs awarded for second counsel on 10 June 2010 should be excluded from the appeal.

Ratio Decidendi

The court found that another court may reasonably find for the applicant on the basis of the grounds of appeal set out in the application for leave to appeal. Accordingly, leave to appeal was granted to the applicant to appeal to the Full Bench of the North West High Court against the whole of the judgment delivered on 30 September 2010, except for the costs which had been abandoned. The costs of the application for leave to appeal were ordered to be costs in the appeal.

Court Disposition

Leave to appeal granted to the applicant on specified grounds; costs of application for leave to appeal to be costs in the appeal.

Orders

  • Leave is granted to the applicant to appeal to the Full Bench of this court against the whole of the judgment delivered on 30 September 2010, except for the costs which had been abandoned, but only on the grounds set out in paragraphs 1 to 12 of the notice of application dated 7 October 2010.
  • The costs of the application for leave to appeal are to be costs in the appeal.