PIO Trans (Pty) Ltd and Another v MMC of Transport and Others (037410/2023) [2023] ZAGPJHC 1386 (27 November 2023)

PIO Trans (Pty) Ltd and Another v MMC of Transport and Others (037410/2023) [2023] ZAGPJHC 1386 (27 November 2023)

The court found that there are no reasonable prospects of success in the appeal and that another court, whether the Supreme Court of Appeal or the Full Court, would not reach a different conclusion. The application for leave to appeal was therefore refused. The applicant was ordered to pay the costs of the application.

Citation
[2023] ZAGPJHC 1386
Parties
Applicant: PIO Trans (Pty) Ltd and Another; Respondent: MMC of Transport and Others
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 November 2023
Case Number
037410/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal is refused. The applicant is ordered to pay the costs of the application.
Judges
Malungana
Legal Topics
Leave to Appeal, Prospects of Success, Costs Order
Civil Procedure Leave to Appeal Prospects of Success Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

PIO Trans (Pty) Ltd and Another

Applicant

MMC of Transport and Others

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted under section 17(1) of the Supreme Court Act.
  2. 2 Whether there is a reasonable prospect that another court would come to a different conclusion.

Ratio Decidendi

The court found that there are no reasonable prospects of success in the appeal and that another court, whether the Supreme Court of Appeal or the Full Court, would not reach a different conclusion. The application for leave to appeal was therefore refused. The applicant was ordered to pay the costs of the application.

Court Disposition

Leave to appeal is refused. The applicant is ordered to pay the costs of the application.

Orders

  • Leave to appeal is refused.
  • The applicant is ordered to pay the costs of the application.