KWC Plant Hire CC and Another v Ahier and Another (2672/2008) [2009] ZAECGHC 55 (20 August 2009)

KWC Plant Hire CC and Another v Ahier and Another (2672/2008) [2009] ZAECGHC 55 (20 August 2009)

The court found that, although the application for leave to appeal was previously dismissed on its merits, the amount involved in the dispute is considerable and the matter is of substantial importance to the applicants. Applying the test for leave to appeal, the court concluded that it is proper to grant leave to appeal. The appropriate forum for the appeal is the Full Court of the division.

Citation
[2009] ZAECGHC 55
Parties
Applicant: K W Plant Hire CC; Applicant: Inkonka Construction CC; Respondent: T B C Ahier; Respondent: Member of the Executive Council of the Department of Roads and Transport (Eastern Cape Province)
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
20 August 2009
Case Number
2672/2008
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Leave to appeal granted to the Full Court of this division. Costs of the application for leave to appeal shall be costs in the appeal.
Judges
Chetty
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Costs in the Appeal
Civil Procedure Leave to Appeal Reasonable Prospect of Success Costs in the Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

K W Plant Hire CC

Applicant

Inkonka Construction CC

Applicant

T B C Ahier

Respondent

Member of the Executive Council of the Department of Roads and Transport (Eastern Cape Province)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal.
  2. 2 Whether the amount involved and the importance of the matter justify the granting of leave to appeal.
  3. 3 Which court is the appropriate forum for the appeal.

Ratio Decidendi

The court found that, although the application for leave to appeal was previously dismissed on its merits, the amount involved in the dispute is considerable and the matter is of substantial importance to the applicants. Applying the test for leave to appeal, the court concluded that it is proper to grant leave to appeal. The appropriate forum for the appeal is the Full Court of the division.

Court Disposition

Leave to appeal granted to the Full Court of this division. Costs of the application for leave to appeal shall be costs in the appeal.

Orders

  • The applicants are granted leave to appeal to the Full Court of this division.
  • The costs of the application for leave to appeal shall be costs in the appeal.