South Africa Ruling

North Gauteng High Court, Pretoria

November and Others v Road Accident Fund and Another (53493/2010) [2017] ZAGPPHC 424 (4 May 2017)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the existence of divergent decisions in various Divisions regarding the jurisdiction issue constitutes a compelling reason for granting leave to appeal. The matter raises important legal questions that warrant consideration by the Full Court. Accordingly, leave to appeal is granted to the Full Court of the Gauteng Division of the High Court, Pretoria.

Court disposition

Leave to appeal is granted to the Full Court of the Gauteng Division of the High Court, Pretoria.

Orders

  • Leave to appeal is granted to the Full Court of the Gauteng Division of the High Court, Pretoria.
  • Costs to be costs in the appeal.

02

Material facts

Parties

ME November

Applicant Counsel: J. O. Williams SC

NG November

Applicant Counsel: J. O. Williams SC

NB November

Applicant Counsel: J. O. Williams SC

NF November

Applicant Counsel: J. O. Williams SC

Road Accident Fund

Respondent Counsel: R. Strydom

Muller & Partners

Respondent Counsel: R. Strydom

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal Following Judgment on Special Plea

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants argued that there are divergent decisions in various Divisions regarding the jurisdiction issue, which creates uncertainty and necessitates appellate review. They submitted that the matter raises important legal questions that require clarification by a higher court.
Respondent
The respondents contended that the special plea was correctly upheld and that there is no reasonable prospect that another court would come to a different conclusion. They argued that the application for leave to appeal should be dismissed.

05

Court’s reasoning

  1. 01

    Section 17(1)(a)(ii) of the Superior Courts Act 10 of 2013

    Leave to appeal may be granted where there is a compelling reason for an appeal to be heard, especially in cases involving divergent decisions on jurisdiction.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the existence of divergent decisions in various Divisions regarding the jurisdiction issue constitutes a compelling reason for granting leave to appeal. The matter raises important legal questions that warrant consideration by the Full Court. Accordingly, leave to appeal is granted to the Full Court of the Gauteng Division of the High Court, Pretoria.

Obiter and limits

  • Costs are to be costs in the appeal.

Court disposition

Leave to appeal is granted to the Full Court of the Gauteng Division of the High Court, Pretoria.

  • Leave to appeal is granted to the Full Court of the Gauteng Division of the High Court, Pretoria.
  • Costs to be costs in the appeal.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Ruling

[2017] ZAGPPHC 424

IN

THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

CASE NO: 53493/2010

DATE: 4/5/2017

In the matter between:

ME

NOVEMBER First

Plaintiff

NG

NOVEMBER

Second Plaintiff

NB

NOVEMBER Third

Plaintiff

NF NOVEMBER Fourth

Plaintiff

and

THE

ROAD ACCIDENT FUND First

Defendant

MULLER & PARTNERS Second

Defendant

APPLICATION

FOR LEAVE TO APPEAL JUDGMENT

Bagwa J

[1] This is an application for leave to appeal against my judgment handed down on 15 November 2016 in terms of which the special plea raised by the second defendant was upheld.

[2] I have considered the reasons advanced by the applicants for the application for leave and more particularly divergent decisions in the various Divisions regarding the jurisdiction issue. Mainly for that reason I have come to the

conclusion that:

2.1 There is a compelling reason that an appeal should be heard and the application is granted in terms of section 17 (1) (a) (ii) of the Superior Courts Act 10 of 2013 for leave to appeal to the Full Court of the Gauteng Division of the High Court, Pretoria.

2.2 Costs to be costs in the appeal.

_______

S. A. M.

JUDGE

OF THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

Date of Hearing: 04 May 2017

Date of Judgment: 04 May 2017

For the Applicant: Advocate J. O. Williams SC

Instructed by: Marais Basson Attorneys

For the Respondents: Advocate R. Strydom

Instructed by: Muller & Partners

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Superior Courts Act 10 of 2013

Legislation

Legislation referenced in the available case record.

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