MKM Attorneys v Maredi and Others; MKM Attorneys v Maredi and Others (52777-2011; 52778-2011) [2016] ZAGPPHC 74 (12 February 2016)

MKM Attorneys v Maredi and Others; MKM Attorneys v Maredi and Others (52777-2011; 52778-2011) [2016] ZAGPPHC 74 (12 February 2016)

The court found that the applicant's grounds for appeal were a repetition of arguments already considered and rejected in the main judgment. The applicant failed to demonstrate any misdirection in the factual findings, particularly regarding the letter to the executor and the failure to formally terminate the attorney-client relationship. The court was not persuaded that another court would reach a different conclusion or that there were reasonable prospects of success. Accordingly, the application for leave to appeal was dismissed.

Citation
[2016] ZAGPPHC 74
Parties
Applicant: MKM Attorneys; Respondent: Innocentia Mosima Maredi; Respondent: Executor (in the Estate of late H.M Nkosi); Respondent: Master of the North Gauteng High Court; Respondent: Naomi Morongwa Maredi
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 February 2016
Case Number
52777/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 2 July 2015.
Outcome
Application for leave to appeal dismissed with costs.
Judges
T.M. Makgoka
Legal Topics
Leave to Appeal, Professional Negligence, Reasonable Prospects of Success, Factual Findings, Misdirection on Fact
Civil Procedure Delict Leave to Appeal Professional Negligence Reasonable Prospects of Success Factual Findings Misdirection on Fact

Case Brief

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Parties

MKM Attorneys

Applicant

Innocentia Mosima Maredi

Respondent

Executor (in the Estate of late H.M Nkosi)

Respondent

Master of the North Gauteng High Court

Respondent

Naomi Morongwa Maredi

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 2 July 2015.

Legal Issues

  1. 1 Whether there are reasonable prospects that another court would reach a different conclusion on appeal.
  2. 2 Whether the applicant's handling of the mandate constituted professional negligence.
  3. 3 Whether the factual findings of the trial court were vitiated by misdirection.

Ratio Decidendi

The court found that the applicant's grounds for appeal were a repetition of arguments already considered and rejected in the main judgment. The applicant failed to demonstrate any misdirection in the factual findings, particularly regarding the letter to the executor and the failure to formally terminate the attorney-client relationship. The court was not persuaded that another court would reach a different conclusion or that there were reasonable prospects of success. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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