Land Agruiculture Development Bank of SA t/a Landbank vs Twee Jonge Gezellen (Pty) Ltd and Others (19694/2008) [2010] ZAWCHC 374 (25 March 2010)
The court found that the respondents had abandoned most of their initial defences, including the constitutional challenge to the provisional sentence procedure. The only remaining grounds for appeal were those set out in the final paragraph of the respondents' application. Upon consideration, the court concluded...
Source-derived case information.
- Citation
- [2010] ZAWCHC 374
- Parties
- Applicant: Land Agricultural Development Bank of SA t/a Landbank; Respondent: Twee Jonge Gezellen (Pty) Ltd; Respondent: Nicolas Charles Krone; Respondent: Minister of Justice & Constitutional Development
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Case Number
- 19694/2008
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- Desai
- Legal Topics
- Provisional Sentence, Constitutionality of Provisional Sentence, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Land Agricultural Development Bank of SA t/a Landbank
Applicant
Twee Jonge Gezellen (Pty) Ltd
Respondent
Nicolas Charles Krone
Respondent
Minister of Justice & Constitutional Development
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether there are reasonable prospects that another court would reach a different conclusion regarding the grant of provisional sentence.
- 2 Whether the constitutionality of the provisional sentence procedure warrants leave to appeal.
Ratio Decidendi
The court found that the respondents had abandoned most of their initial defences, including the constitutional challenge to the provisional sentence procedure. The only remaining grounds for appeal were those set out in the final paragraph of the respondents' application. Upon consideration, the court concluded that there were no reasonable prospects of another court coming to a different conclusion, even on the limited basis advanced by the respondents' counsel. 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.
- The applicant is awarded costs.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)
CASE NUMBER: 19694/2008
DATE: 25 MARCH 2010
In the matter between:
THE LAND AGRICULTURAL DEVELOPMENT BANK OF S A t/a LANDBANK ….......................................................Applicant and
THE LAND AGRICULTURAL DEVELOPMENT
BANK OF S A t/a LANDBANK ….......................................................Applicant
and
1. TWEE JONGE GEZELLEN (PTY) LTD …...........................1st Respondent 2. NICOLAS CHARLES KRONE …........................................2nd Respondent 3. MINISTER OF JUSTICE & CONSTITUTIONAL DEVELOPMENT ….................................................................3rd Respondent
1. TWEE JONGE GEZELLEN (PTY) LTD …...........................1st Respondent
2. NICOLAS CHARLES KRONE …........................................2nd Respondent
3. MINISTER OF JUSTICE & CONSTITUTIONAL
DEVELOPMENT ….................................................................3rd Respondent
JUDGMENT Application for Leave to Appeal DESAI, J: This is an application for leave to appeal to the Supreme Court of Appeal, alternatively to a full bench of this court, against the whole of my judgment. When this matter was initially argued before me, Counsel then appearing for the 1st and 2nd respondents resisted the grant of provisional sentence on several grounds, including a wide ranging attack upon the constitutionality of the provisional sentence procedure. Counsel now appearing for the said respondents has, in effect, abandoned most of the defences advanced by his predecessor. He seeks leave to appeal only on the limited basis set out in the final paragraph of the respondents' application for leave to appeal. For the reasons set out in my judgment, I am of the view that there are no reasonable prospects of another Court coming to a different conclusion, not even on the limited basis now being suggested by defendants' counsel. In the result the application for leave to appeal is dismissed with costs. DESAI, J
JUDGMENT
Application for Leave to Appeal
DESAI, J:
This is an application for leave to appeal to the Supreme Court of Appeal, alternatively to a full bench of this court, against the whole of my judgment. When this matter was initially argued before me, Counsel then appearing for the 1st and 2nd respondents resisted the grant of provisional sentence on several grounds, including a wide ranging attack upon the constitutionality of the provisional sentence procedure.
Counsel now appearing for the said respondents has, in effect, abandoned most of the defences advanced by his predecessor. He seeks leave to appeal only on the limited basis set out in the final paragraph of the respondents' application for leave to appeal. For the reasons set out in my judgment, I am of the view that there are no reasonable prospects of another Court coming to a different conclusion, not even on the limited basis now being suggested by defendants' counsel.
In the result the application for leave to appeal is dismissed with costs.
DESAI, J