Matjabeng Local Municipality v Factoring SPV (Pty) Ltd (4509/2016) [2017] ZAFSHC 155 (14 September 2017)

Matjabeng Local Municipality v Factoring SPV (Pty) Ltd (4509/2016) [2017] ZAFSHC 155 (14 September 2017)

The court found that, after considering the papers, the judgment, the grounds for leave to appeal, and oral arguments, the applicant failed to demonstrate reasonable prospects of success on appeal. The orders previously granted were correct and accurately reflected the judgment. The application for leave to appeal was therefore dismissed with costs.

Citation
[2017] ZAFSHC 155
Parties
Applicant: Matjabeng Local Municipality; Respondent: Factoring SPV (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
14 September 2017
Case Number
4509/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Orders Granted on 26 June 2017.
Outcome
Application for leave to appeal dismissed with costs.
Judges
C Reinders
Legal Topics
Leave to Appeal, Costs Order, Debt Repayment Agreement
Civil Procedure Leave to Appeal Costs Order Debt Repayment Agreement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Matjabeng Local Municipality

Applicant

Factoring SPV (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Orders Granted on 26 June 2017.

Legal Issues

  1. 1 Whether there are reasonable prospects of success on appeal against the orders granted on 26 June 2017.
  2. 2 Whether the application for leave to appeal should be granted.

Ratio Decidendi

The court found that, after considering the papers, the judgment, the grounds for leave to appeal, and oral arguments, the applicant failed to demonstrate reasonable prospects of success on appeal. The orders previously granted were correct and accurately reflected the judgment. The application for leave to appeal was therefore dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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