Mateyise obo Yakhanani v Road Accident Fund - Application for Leave to Appeal (487/2021) [2023] ZAFSHC 414 (23 October 2023)

Mateyise obo Yakhanani v Road Accident Fund - Application for Leave to Appeal (487/2021) [2023] ZAFSHC 414 (23 October 2023)

The application for leave to appeal was lodged outside the prescribed fifteen-day period and no condonation was sought for the late filing. The grounds of appeal do not raise any compelling legal issues or questions of law of importance that would warrant consideration by the Supreme Court of Appeal. The court found that it had adequately addressed all the issues raised in the original judgment and was not persuaded that there were reasonable prospects of success on appeal. Accordingly, leave to appeal was refused.

Citation
[2023] ZAFSHC 414
Parties
Applicant: Mateyise: Zikiwe obo Yakhanani; Respondent: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
23 October 2023
Case Number
487/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal
Outcome
Application for leave to appeal dismissed.
Judges
Daniso
Legal Topics
Leave to Appeal, Prospects of Success, Superior Court Act, Rule 49 Non Compliance
Civil Procedure Leave to Appeal Prospects of Success Superior Court Act Rule 49 Non Compliance

Case Brief

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Parties

Mateyise: Zikiwe obo Yakhanani

Applicant

Road Accident Fund

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal was lodged within the prescribed time period under Rule 49(1)(b).
  2. 2 Whether condonation for late filing was sought and justified.
  3. 3 Whether there are reasonable prospects that another court would reach a different conclusion.

Ratio Decidendi

The application for leave to appeal was lodged outside the prescribed fifteen-day period and no condonation was sought for the late filing. The grounds of appeal do not raise any compelling legal issues or questions of law of importance that would warrant consideration by the Supreme Court of Appeal. The court found that it had adequately addressed all the issues raised in the original judgment and was not persuaded that there were reasonable prospects of success on appeal. Accordingly, leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.