Lewis and Another v Vexma Properties 329 CC, In Re: Vexma Properties 329 CC v Lewis and Another (A774/14) [2015] ZAGPPHC 325 (8 May 2015)

Lewis and Another v Vexma Properties 329 CC, In Re: Vexma Properties 329 CC v Lewis and Another (A774/14) [2015] ZAGPPHC 325 (8 May 2015)

The High Court is barred from entertaining applications for leave to appeal against its own decisions delivered on appeal in terms of section 16(1)(b) of the Superior Courts Act. The correct procedure is for the applicant to seek special leave directly from the Supreme Court of Appeal. The statutory language does not distinguish between full court and full bench decisions, and the Supreme Court of Appeal has confirmed that all such applications must be made to it. The application for leave to appeal is therefore not competent before the High Court and must be struck from the roll.

Citation
[2015] ZAGPPHC 325
Parties
Applicant: Eugene Lewis; Applicant: Allan van Wyngaardt; Respondent: Vexma Properties 329 CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 May 2015
Case Number
A774/14
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Appeal Upheld
Outcome
Application for leave to appeal struck from the roll with costs, including costs of two counsel.
Judges
S. Potterill, F. Kganyago
Legal Topics
Leave to Appeal, Superior Courts Act, Special Leave, Jurisdiction of High Court
Civil Procedure Leave to Appeal Superior Courts Act Special Leave Jurisdiction of High Court

Case Brief

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Parties

Eugene Lewis

Applicant

Allan van Wyngaardt

Applicant

Vexma Properties 329 CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Appeal Upheld

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain an application for leave to appeal against its own decision on appeal.
  2. 2 Whether section 16(1)(b) of the Superior Courts Act bars the High Court from granting leave to appeal in these circumstances.
  3. 3 Whether special leave from the Supreme Court of Appeal is required for further appeals from a decision of the High Court on appeal.

Ratio Decidendi

The High Court is barred from entertaining applications for leave to appeal against its own decisions delivered on appeal in terms of section 16(1)(b) of the Superior Courts Act. The correct procedure is for the applicant to seek special leave directly from the Supreme Court of Appeal. The statutory language does not distinguish between full court and full bench decisions, and the Supreme Court of Appeal has confirmed that all such applications must be made to it. The application for leave to appeal is therefore not competent before the High Court and must be struck from the roll.

Court Disposition

Application for leave to appeal struck from the roll with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is struck from the roll with costs, including the costs of two counsel.