Reeves v Affinity Health Limited (35593/2018) [2019] ZAGPJHC 50 (22 February 2019)

Reeves v Affinity Health Limited (35593/2018) [2019] ZAGPJHC 50 (22 February 2019)

The court found that none of the grounds for leave to appeal as set out in section 17 of the Superior Courts Act were present. The judge stood by the reasons for the original judgment dismissing the Rule 30A application and concluded that there were no reasonable prospects of success on appeal. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2019] ZAGPJHC 50
Parties
Applicant: Memane Fezile Reeves; Respondent: Affinity Health Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 February 2019
Case Number
35593/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Rule 30 a Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
L T Modiba
Legal Topics
Leave to Appeal, Rule 30a Application, Costs Award
Civil Procedure Leave to Appeal Rule 30a Application Costs Award

Case Brief

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Parties

Memane Fezile Reeves

Applicant

Affinity Health Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Rule 30 a Application

Legal Issues

  1. 1 Whether the applicant has established grounds for leave to appeal under section 17 of the Superior Courts Act.
  2. 2 Whether the original judgment dismissing the Rule 30A application was erroneous.

Ratio Decidendi

The court found that none of the grounds for leave to appeal as set out in section 17 of the Superior Courts Act were present. The judge stood by the reasons for the original judgment dismissing the Rule 30A application and concluded that there were no reasonable prospects of success on appeal. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.