Mathule v Kuisis and Another; In Re: Kuisis and Another v Free State Gambling, Liquor and Tourism Authority and Others (A118/2018) [2020] ZAFSHC 114 (25 June 2020)

Mathule v Kuisis and Another; In Re: Kuisis and Another v Free State Gambling, Liquor and Tourism Authority and Others (A118/2018) [2020] ZAFSHC 114 (25 June 2020)

The court accepted the applicant's explanation for the late filing due to the national lockdown and granted condonation. However, after considering the merits, the court found no reasonable prospects of success on appeal. The allegations of fabrication and distortion of documents were not substantiated, and the fixture in question was shown to be illustrative rather than fraudulent. The grounds of appeal did not raise any new issues, and the findings in the original judgment remained unchallenged. Consequently, the application for leave to appeal was dismissed with costs.

Citation
[2020] ZAFSHC 114
Parties
Applicant: Tsietsi Mathule; Respondent: Bernard Peter Kuisis; Respondent: Errol Martin Thomas
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 June 2020
Case Number
A118/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 26 March 2020
Outcome
Application for leave to appeal dismissed with costs.
Judges
JP Daffue, A K Ramlal
Legal Topics
Leave to Appeal, Condonation for Late Filing, Prospects of Success, Superior Courts Act, Fraudulent Documentation
Civil Procedure Leave to Appeal Condonation for Late Filing Prospects of Success Superior Courts Act Fraudulent Documentation

Case Brief

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Parties

Tsietsi Mathule

Applicant

Bernard Peter Kuisis

Respondent

Errol Martin Thomas

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 26 March 2020

Legal Issues

  1. 1 Whether condonation for the late filing of the application for leave to appeal should be granted in light of the national lockdown.
  2. 2 Whether there are reasonable prospects that another court would come to a different conclusion regarding the alleged fabrication and distortion of documents.
  3. 3 Whether the grounds of appeal relating to betting tickets and fixture documents raise new issues warranting consideration.

Ratio Decidendi

The court accepted the applicant's explanation for the late filing due to the national lockdown and granted condonation. However, after considering the merits, the court found no reasonable prospects of success on appeal. The allegations of fabrication and distortion of documents were not substantiated, and the fixture in question was shown to be illustrative rather than fraudulent. The grounds of appeal did not raise any new issues, and the findings in the original judgment remained unchallenged. Consequently, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.