Phogole v Kopano Bus Services CC and Another (Application for Leave to Appeal) (J1922/19) [2024] ZALCJHB 532 (17 August 2024)

Phogole v Kopano Bus Services CC and Another (Application for Leave to Appeal) (J1922/19) [2024] ZALCJHB 532 (17 August 2024)

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. There was no indication that another court would reach a different conclusion on the facts or law, nor was there any compelling reason for the appeal to be heard. The court held that no important or novel questions of law or practice were raised and, accordingly, dismissed the application for leave to appeal.

Citation
[2024] ZALCJHB 532
Parties
Applicant: Mpyaka Wilson Phogole; Respondent: Kopane Bus Services CC; Respondent: Olivia Tloumaponya N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 August 2024
Case Number
J1922/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed.
Judges
C J Botes
Legal Topics
Leave to Appeal, Reasonable Prospects of Success, Superior Courts Act, Costs Order
Labour Law Leave to Appeal Reasonable Prospects of Success Superior Courts Act Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Mpyaka Wilson Phogole

Applicant

Kopane Bus Services CC

Respondent

Olivia Tloumaponya N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal.
  2. 2 Whether another court would reach a different conclusion on the facts or law.
  3. 3 Whether there is a compelling reason for the appeal to be heard under section 17(1)(a)(ii) of the Superior Courts Act.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. There was no indication that another court would reach a different conclusion on the facts or law, nor was there any compelling reason for the appeal to be heard. The court held that no important or novel questions of law or practice were raised and, accordingly, dismissed the application for leave to appeal.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.