Mawere and Another v SMM Holdings (Pty) Ltd (22725/2008) [2013] ZAGPJHC 17 (16 January 2013)

Mawere and Another v SMM Holdings (Pty) Ltd (22725/2008) [2013] ZAGPJHC 17 (16 January 2013)

The court found that there were no reasonable prospects that another court would reach a different conclusion from its own judgment delivered on 11 October 2012. Accordingly, the application for leave to appeal was dismissed. The applicants, as unsuccessful parties, were ordered to pay the respondent's costs jointly and severally, the one paying the other to be absolved.

Citation
[2013] ZAGPJHC 17
Parties
Applicant: MD Mawere; Applicant: P Mariemuthu; Respondent: SMM Holdings (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 January 2013
Case Number
22725/2008
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
Willis
Legal Topics
Leave to Appeal, Costs Order
Civil Procedure Leave to Appeal Costs Order

Case Brief

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Parties

MD Mawere

Applicant

P Mariemuthu

Applicant

SMM Holdings (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment

Legal Issues

  1. 1 Whether there are reasonable prospects that another court would reach a different conclusion on appeal.
  2. 2 Whether leave to appeal should be granted.

Ratio Decidendi

The court found that there were no reasonable prospects that another court would reach a different conclusion from its own judgment delivered on 11 October 2012. Accordingly, the application for leave to appeal was dismissed. The applicants, as unsuccessful parties, were ordered to pay the respondent's costs jointly and severally, the one paying the other to be absolved.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.
  • The 1st and 2nd applicants are jointly and severally liable to pay the respondent’s costs in the application for leave to appeal, the one paying the other to be absolved.