Mogodi v Shackleton Credit Management (Pty) Ltd and Another (2020/22076) [2025] ZAGPJHC 195 (28 February 2025)

Mogodi v Shackleton Credit Management (Pty) Ltd and Another (2020/22076) [2025] ZAGPJHC 195 (28 February 2025)

The court found that the applicant failed to establish any basis upon which it could be said that the appeal would have a reasonable prospect of success or that there is another compelling reason to grant leave to appeal. The application for leave to appeal was therefore dismissed. The court further ordered that the applicant pay the costs of the application, taxed on the party and party scale, specifically scale B of the Uniform Rules of Court.

Citation
[2025] ZAGPJHC 195
Parties
Applicant: Dineo Kholofelo Mogodi; Respondent: Shackleton Credit Management (Pty) Ltd; Respondent: Sheriff of the High Court of South Africa
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 February 2025
Case Number
2020/22076
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
Aucamp
Legal Topics
Leave to Appeal, Prospects of Success, Costs Order
Civil Procedure Leave to Appeal Prospects of Success Costs Order

Case Brief

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Parties

Dineo Kholofelo Mogodi

Applicant

Shackleton Credit Management (Pty) Ltd

Respondent

Sheriff of the High Court of South Africa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has established a reasonable prospect of success on appeal.
  2. 2 Whether there is any compelling reason to grant leave to appeal.
  3. 3 Whether costs should be awarded against the applicant.

Ratio Decidendi

The court found that the applicant failed to establish any basis upon which it could be said that the appeal would have a reasonable prospect of success or that there is another compelling reason to grant leave to appeal. The application for leave to appeal was therefore dismissed. The court further ordered that the applicant pay the costs of the application, taxed on the party and party scale, specifically scale B of the Uniform Rules of Court.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of this application, taxed on the party and party scale, specifically scale B of Uniform Rules of Court.