Louwen v MEC For The Department of Health Gauteng (35801/19) [2022] ZAGPPHC 840 (19 October 2022)

Louwen v MEC For The Department of Health Gauteng (35801/19) [2022] ZAGPPHC 840 (19 October 2022)

The court found that, upon consideration of the papers and arguments presented, there are reasonable prospects that another court may reach a different conclusion on the merits of the case. The issues raised by the applicant in the leave to appeal application were considered in depth during the trial and judgment. The court concluded that leave to appeal should be granted to the Full Court of the Gauteng Division, and that the costs of the application should be costs in the appeal.

Citation
[2022] ZAGPPHC 840
Parties
Plaintiff: Nhlabathi Samukelisiwe Louwen; Defendant: MEC For The Department of Health Gauteng
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 October 2022
Case Number
35801/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Leave to appeal to the Full Court of the Gauteng Division is granted. Costs of the application are to be costs in the appeal.
Judges
Francis-Subbiah
Legal Topics
Leave to Appeal, Reasonable Prospects, Costs in the Appeal
Civil Procedure Leave to Appeal Reasonable Prospects Costs in the Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Nhlabathi Samukelisiwe Louwen

Plaintiff

MEC For The Department of Health Gauteng

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether there are reasonable prospects that another court may reach a different conclusion on the merits of the case.
  2. 2 Whether leave to appeal should be granted to the Full Court of the Gauteng Division.
  3. 3 Who should bear the costs of the application for leave to appeal.

Ratio Decidendi

The court found that, upon consideration of the papers and arguments presented, there are reasonable prospects that another court may reach a different conclusion on the merits of the case. The issues raised by the applicant in the leave to appeal application were considered in depth during the trial and judgment. The court concluded that leave to appeal should be granted to the Full Court of the Gauteng Division, and that the costs of the application should be costs in the appeal.

Court Disposition

Leave to appeal to the Full Court of the Gauteng Division is granted. Costs of the application are to be costs in the appeal.

Orders

  • Leave to appeal to the Full Court of the Gauteng Division is hereby granted.
  • The costs of this application are to be costs in the appeal.