Manamele and Another v Pudikabekwa (41557/2018) [2021] ZAGPPHC 177 (9 March 2021)

Manamele and Another v Pudikabekwa (41557/2018) [2021] ZAGPPHC 177 (9 March 2021)

Condonation for the late filing of the application for leave to appeal was granted as the confusion regarding the uploading of the matter on CaseLines justified the delay and it was in the interest of justice. However, after considering the arguments and submissions, the court found that none of the grounds in Section 17 of the Superior Courts Act were met. There were no reasonable prospects that another court would arrive at a different conclusion. Accordingly, the application for leave to appeal was refused with costs.

Citation
[2021] ZAGPPHC 177
Parties
Applicant: Khashane la Mmapowana Manamele; Applicant: Manamela Marobela & Associates Incorporated; Respondent: Tikane Moses Pudikabekwa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 March 2021
Case Number
41557/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 18 January 2021
Outcome
Application for leave to appeal refused with costs.
Judges
Motha
Legal Topics
Leave to Appeal, Condonation, Prospects of Success, Superior Courts Act
Civil Procedure Leave to Appeal Condonation Prospects of Success Superior Courts Act

Case Brief

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Parties

Khashane la Mmapowana Manamele

Applicant

Manamela Marobela & Associates Incorporated

Applicant

Tikane Moses Pudikabekwa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 18 January 2021

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether there are reasonable prospects that another court would come to a different conclusion, justifying the granting of leave to appeal.

Ratio Decidendi

Condonation for the late filing of the application for leave to appeal was granted as the confusion regarding the uploading of the matter on CaseLines justified the delay and it was in the interest of justice. However, after considering the arguments and submissions, the court found that none of the grounds in Section 17 of the Superior Courts Act were met. There were no reasonable prospects that another court would arrive at a different conclusion. Accordingly, the application for leave to appeal was refused with costs.

Court Disposition

Application for leave to appeal refused with costs.

Orders

  • Condonation for the late filing of the application for leave to appeal is granted.
  • The application for leave to appeal is refused.