Ndebele Ndzundza Community v Farm Kafferskraal No 181 JS (LCC 3/00) [2003] ZALCC 40 (22 October 2003)

Ndebele Ndzundza Community v Farm Kafferskraal No 181 JS (LCC 3/00) [2003] ZALCC 40 (22 October 2003)

The court found that, having considered the arguments, it was not satisfied that another court might come to a different finding. Therefore, the application for leave to appeal did not meet the required threshold of reasonable prospects of success and was refused.

Citation
[2003] ZALCC 40
Parties
Applicant: Ndebele-Ndzundza Community; Respondent: M G Prinsloo and the Botha Family Trust
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
22 October 2003
Case Number
LCC 3/00
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal
Outcome
Application for leave to appeal refused.
Judges
J Moloto, M Wiechers
Legal Topics
Leave to Appeal, Prospects of Success, Land Restoration
Land and Property Civil Procedure Leave to Appeal Prospects of Success Land Restoration

Case Brief

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Parties

Ndebele-Ndzundza Community

Applicant

M G Prinsloo and the Botha Family Trust

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether there are reasonable prospects of success for an appeal against the judgment handed down on 23 December 2002.
  2. 2 Whether another court might reach a different finding from the Land Claims Court.

Ratio Decidendi

The court found that, having considered the arguments, it was not satisfied that another court might come to a different finding. Therefore, the application for leave to appeal did not meet the required threshold of reasonable prospects of success and was refused.

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused.