Manong & Associates (Pty) Ltd v Department of Transport and Roads and Others (564/2006) [2006] ZAECHC 123 (11 August 2006)
The court reconsidered its previous judgment and the submissions made by counsel for both parties. It found that there were no reasonable prospects of success on appeal and that another court would not likely arrive at a different decision. Accordingly, leave to appeal was refused, and the applicant was ordered to...
Source-derived case information.
- Citation
- [2006] ZAECHC 123
- Parties
- Applicant: Manong & Associates (Pty) Ltd; Respondent: Department of Transport and Roads; Respondent: Department of Public Works; Respondent: South African National Roads Agency Auditor - General
- Court
- High Courts - Eastern Cape
- Jurisdiction
- South Africa
- Case Number
- 564/2006
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Leave to appeal is refused. The applicant is ordered to pay the first respondent's costs of the application.
- Judges
- A E B Dhlodhlo
- Legal Topics
- Leave to Appeal, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Manong & Associates (Pty) Ltd
Applicant
Department of Transport and Roads
Respondent
Department of Public Works
Respondent
South African National Roads Agency Auditor - General
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether there are reasonable prospects of success on appeal against the judgment of 31 July 2006.
- 2 Whether leave to appeal should be granted to the applicant.
Ratio Decidendi
The court reconsidered its previous judgment and the submissions made by counsel for both parties. It found that there were no reasonable prospects of success on appeal and that another court would not likely arrive at a different decision. Accordingly, leave to appeal was refused, and the applicant was ordered to pay the first respondent's costs.
Court Disposition
Leave to appeal is refused. The applicant is ordered to pay the first respondent's costs of the application.
Orders
- The application for leave to appeal is refused.
- The applicant is ordered to pay the first respondent's costs of this application.
Full Case Text
Judgment text and source record
31 paragraphs
IN THE EQUALITY COURT
BISHO HIGH COURT
CASE NO. 564/2006
In the matter between:
MANONG & ASSOCIATES (PTY) LTD APPLICANT
and
DEPARTMENT OF TRANSPORT 1ST RESPONDENT
AND ROADS
DEPARTMENT OF PUBLIC WORKS 2ND RESPONDENT
SOUTH AFRICAN NATIONAL ROADS 3RD RESPONDENT
AGENCY AUDITOR - GENERAL
EX TEMPORE JUDGMENT
DHLODHLO ADJP:
1. This is an ex tempore judgment.
2. The Court is indebted to Counsel on both sides for their submissions.
3. This is an application for leave to appeal against my judgment of 31 July 2006 in which I dismissed the Applicantâs application for relief sought under paragraph 2 of the notice of motion.
4. The application is opposed by the first respondent.
5. I have considered submissions by Counsel on both sides. I have reconsidered my judgment and I am not persuaded that another Court will arrive at a different decision. In other words, in my view there are no reasonable prospects of success on appeal.
6. The application is accordingly refused.
7. The applicant is ordered to pay the first respondentâs costs of this application.
_____________________________
A E B DHLODHLO
ACTING DEPUTY JUDGE PRESIDENT
11 AUGUST 2006
HEARD ON : 11 AUGUST 2006
FOR THE APPLICANT: MR T MASUKU
FOR THE FIRST RESPONDENT: MR G BLOEM
APPLICANTâS ATTORNEYS: MLONYENI & LESELE
KING WILLIAMSTOWN
FIRST RESPONDENTâS ATTORNEYS: STATE ATTORNEY
EAST LONDON