Passenger Rail Agency of South Africa v Maluleka (41002/2011) [2014] ZAGPPHC 346 (11 June 2014)
The court found that the applicant demonstrated reasonable prospects of success on appeal and that the issues raised are of sufficient importance to justify consideration by the Full Bench. Accordingly, leave to appeal was granted and the costs were ordered to be costs in the appeal.
Source-derived case information.
- Citation
- [2014] ZAGPPHC 346
- Parties
- Applicant: Passenger Rail Agency of South Africa; Respondent: Tobias Katlego Maluleka
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 41002/2011
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal to the Full Bench
- Outcome
- Leave to appeal granted to the Full Bench; costs to be costs in the appeal.
- Judges
- C Pretorius
- Legal Topics
- Leave to Appeal, Costs in the Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Passenger Rail Agency of South Africa
Applicant
Tobias Katlego Maluleka
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Bench
Legal Issues
- 1 Whether leave to appeal should be granted to the Full Bench of the High Court.
- 2 Who should bear the costs of the application for leave to appeal.
Ratio Decidendi
The court found that the applicant demonstrated reasonable prospects of success on appeal and that the issues raised are of sufficient importance to justify consideration by the Full Bench. Accordingly, leave to appeal was granted and the costs were ordered to be costs in the appeal.
Court Disposition
Leave to appeal granted to the Full Bench; costs to be costs in the appeal.
Orders
- Leave to appeal is granted to the Full Bench of the High Court of South Africa, Gauteng Division.
- Costs to be costs in the appeal.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Case number: 41002/2011
Date: 11 June 2014
In the matter between:
PASSENGER RAIL AGENCY OF SOUTH AFRICA …......................................................Applicant
And
TOBIAS KATLEGO MALULEKA …................................................................................Respondent
JUDGMENT
PRETORIUS J,
The following order is made:
1. Leave to appeal is granted to the Full Bench of the High Court of South Africa, Gauteng Division;
2. Costs to be costs in the appeal.
_____________________
Judge C Pretorius
Case number : 41002/2011
Heard on : 9 June 2014
For the Applicant : Adv Naidoo SC
Instructed by : Makhubela
For the Respondent : Adv Geach SC
Adv Seima
Instructed by : Mashapa
Date of Judgment: 11 June 2014