Presbyterian Church of Africa v Mpulu and Others (366/2011) [2015] ZAECBHC 1 (29 January 2015)
The court found that it could not conclude there are no reasonable prospects of the applicant succeeding on appeal, especially regarding the question of whether there was a pending appeal against Nhlangulela J’s order. Accordingly, leave to appeal was granted against the whole of the judgment delivered on 25 June 2013.
Source-derived case information.
- Citation
- [2015] ZAECBHC 1
- Parties
- Applicant: Presbyterian Church of Africa; Respondent: Amos Mongezi Mpulu; Respondent: Makhosonke Galford Qalase; Respondent: Eric Zola Bambiso
- Court
- Eastern Cape High Court, Bhisho
- Jurisdiction
- South Africa
- Case Number
- 366/2011
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 25 June 2013.
- Outcome
- Leave to appeal granted against the whole of the judgment delivered on 25 June 2013.
- Judges
- N G Beshe
- Legal Topics
- Leave to Appeal, Prospects of Success, Pending Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Presbyterian Church of Africa
Applicant
Amos Mongezi Mpulu
Respondent
Makhosonke Galford Qalase
Respondent
Eric Zola Bambiso
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 25 June 2013.
Legal Issues
- 1 Whether there are reasonable prospects of success on appeal against the judgment delivered on 25 June 2013.
- 2 Whether there was a pending appeal against Nhlangulela J’s order.
Ratio Decidendi
The court found that it could not conclude there are no reasonable prospects of the applicant succeeding on appeal, especially regarding the question of whether there was a pending appeal against Nhlangulela J’s order. Accordingly, leave to appeal was granted against the whole of the judgment delivered on 25 June 2013.
Court Disposition
Leave to appeal granted against the whole of the judgment delivered on 25 June 2013.
Orders
- The applicant is granted leave to appeal against the whole of the judgment delivered on 25 June 2013.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(EASTERN CAPE DIVISION, BHISHO)
CASE NO.: 366/2011
In the matter between:
PRESBYTERIAN CHURCH OF AFRICA APPLICANT And AMOS MONGEZI MPULU 1st RESPONDENT MAKHOSONKE GALFORD QALASE 2nd RESPONDENT ERIC ZOLA BAMBISO 3rd RESPONDENT
ORDER
Having heard Mr Msindo for the applicant and Ms Watt for the respondents, and having read papers filed in respect of this application for leave to appeal against my judgment of the 25 June 2013, I am unable to find that there are no reasonable prospects of applicant succeeding on appeal especially as regards whether or not there was a pending appeal against Nhlangulela J’s order.
Applicant is granted leave to appeal against the whole of my judgment.
N G BESHE
JUDGE OF THE HIGH COURT
APPEARANCES
For the Applicant: Adv: V V Msindo Instructed by: NTWENDALA & ASSOCIATES 80 Lower Mount Street KING WILLIAM’S TOWN Tel.: 043 – 642 2696 Ref.: Mr V V Msindo For the Respondents: Adv: Watt Instructed by: HUTTON & COOK Sutton Square Queens Road KING WILLIAM’S TOWN Tel.: 043 – 642 3410 Ref.: Mr G C Webb/LC
Date Delivered: 29 January 2015