Moloi and Another v Premier of the Free State Province and Others (5556/2017) [2021] ZAFSHC 37 (28 January 2021)

Moloi and Another v Premier of the Free State Province and Others (5556/2017) [2021] ZAFSHC 37 (28 January 2021)

The court found that the applicants failed to establish reasonable prospects of success on appeal. The agreement relied upon by the applicants was cancelled, as conceded by them, and subsequent correspondence did not evidence any revival of the agreement. The fourth affidavit was not formally admitted, as no application for its admission was made and no explanation was provided. Reference to the affidavit and lack of objection from respondents did not render it admissible. The court was entitled to disregard the affidavit. The application for leave to appeal was dismissed with costs.

Citation
[2021] ZAFSHC 37
Parties
Applicant: Mpho Sarah Moloi N.O; Applicant: Mpho Sarah Moloi; Respondent: Premier of the Free State Province; Respondent: MEC for Public Works & Infrastructure, Free State Province; Respondent: MEC for Health, Free State; Respondent: Mangaung Metropolitan Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 January 2021
Case Number
5556/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Full Court or Supreme Court of Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
P.E. Molitsoane
Legal Topics
Leave to Appeal, Revival of Contract, Filing of Affidavits, Court Discretion, Costs Order
Civil Procedure Commercial and Corporate Leave to Appeal Revival of Contract Filing of Affidavits Court Discretion Costs Order

Case Brief

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Parties

Mpho Sarah Moloi N.O

Applicant

Mpho Sarah Moloi

Applicant

Premier of the Free State Province

Respondent

MEC for Public Works & Infrastructure, Free State Province

Respondent

MEC for Health, Free State

Respondent

Mangaung Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Full Court or Supreme Court of Appeal

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal.
  2. 2 Whether the agreement relied upon by the applicants was revived after cancellation.
  3. 3 Whether the court erred in disregarding the fourth affidavit filed by the applicants.

Ratio Decidendi

The court found that the applicants failed to establish reasonable prospects of success on appeal. The agreement relied upon by the applicants was cancelled, as conceded by them, and subsequent correspondence did not evidence any revival of the agreement. The fourth affidavit was not formally admitted, as no application for its admission was made and no explanation was provided. Reference to the affidavit and lack of objection from respondents did not render it admissible. The court was entitled to disregard the affidavit. 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.