Magwaza and Another v City of Ekhuruleni Metropolitan Municipality and Others (2023/042442) [2024] ZAGPJHC 96 (29 January 2024)

Magwaza and Another v City of Ekhuruleni Metropolitan Municipality and Others (2023/042442) [2024] ZAGPJHC 96 (29 January 2024)

Upon careful consideration of the applicants' submissions and a re-examination of the pleadings and the judgment, the court found that there exists a reasonable prospect that another court may reach a different conclusion. Therefore, leave to appeal to the full bench of the Division is warranted.

Citation
[2024] ZAGPJHC 96
Parties
Applicant: Sibongiseni Mokhine Maxwell Magwaza; Applicant: Nthombenhle Cynthia Ngwenya; Respondent: The City of Ekhuruleni Metropolitan Municipality; Respondent: Ekurhuleni Metropolitan Police Department; Respondent: Keamogetse Lovedenia Magwaza
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
29 January 2024
Case Number
2023/042442
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Bench
Outcome
Leave to appeal to the full court of the Division is granted.
Judges
Vally
Legal Topics
Leave to Appeal, Costs Order, Reasonable Prospect of Success
Civil Procedure Leave to Appeal Costs Order Reasonable Prospect of Success

Case Brief

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Parties

Sibongiseni Mokhine Maxwell Magwaza

Applicant

Nthombenhle Cynthia Ngwenya

Applicant

The City of Ekhuruleni Metropolitan Municipality

Respondent

Ekurhuleni Metropolitan Police Department

Respondent

Keamogetse Lovedenia Magwaza

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Bench

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court would reach a different conclusion on the facts and law.
  2. 2 Whether leave to appeal should be granted to the full bench of the Division.

Ratio Decidendi

Upon careful consideration of the applicants' submissions and a re-examination of the pleadings and the judgment, the court found that there exists a reasonable prospect that another court may reach a different conclusion. Therefore, leave to appeal to the full bench of the Division is warranted.

Court Disposition

Leave to appeal to the full court of the Division is granted.

Orders

  • Leave to appeal to the full court of this Division is granted.
  • Costs of the application for leave to appeal shall be costs in the appeal.