Lujube v Maruatona (35730/2012) [2013] ZAGPJHC 222 (27 August 2013)

Lujube v Maruatona (35730/2012) [2013] ZAGPJHC 222 (27 August 2013)

The court found that the applicant had established reasonable prospects that another court may reach a different conclusion regarding the executability of the settlement agreement and the nature of the order. The applicant's arguments raised sufficient doubt about whether the order was factum praestandum and whether the costs order was appropriate. Accordingly, leave to appeal to the full bench was granted.

Citation
[2013] ZAGPJHC 222
Parties
Applicant: Matsheliso Xoliswa Lujabe; Respondent: Shibishi Samual Maruatona
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 August 2013
Case Number
35730/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Dismissal of Contempt of Court Application
Outcome
Leave to appeal to the full bench is granted with costs to be costs in the appeal.
Judges
Molahlehi
Legal Topics
Leave to Appeal, Contempt of Court, Settlement Agreement, Costs Award
Civil Procedure Leave to Appeal Contempt of Court Settlement Agreement Costs Award

Case Brief

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Parties

Matsheliso Xoliswa Lujabe

Applicant

Shibishi Samual Maruatona

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Dismissal of Contempt of Court Application

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the dismissal of the contempt of court application.
  2. 2 Whether the settlement agreement made an order of court is readily executable.
  3. 3 Whether the court erred in finding the order did not constitute an order factum praestandum.

Ratio Decidendi

The court found that the applicant had established reasonable prospects that another court may reach a different conclusion regarding the executability of the settlement agreement and the nature of the order. The applicant's arguments raised sufficient doubt about whether the order was factum praestandum and whether the costs order was appropriate. Accordingly, leave to appeal to the full bench was granted.

Court Disposition

Leave to appeal to the full bench is granted with costs to be costs in the appeal.

Orders

  • There is no order as to costs arising from the postponement of 5 August 2013.
  • Leave to appeal to the full bench is granted with costs to be costs in the appeal.