Regional Land Claims Commissioner and Others v Jazz Spirit 12 (Pty) Ltd and Others (LCC26/2010) [2016] ZALCC 24 (31 March 2016)

Regional Land Claims Commissioner and Others v Jazz Spirit 12 (Pty) Ltd and Others (LCC26/2010) [2016] ZALCC 24 (31 March 2016)

The court found, after considering the submissions of all counsel, that there are no reasonable prospects that another court would reach a different conclusion. The judge reaffirmed the correctness of the original judgment and dismissed the application for leave to appeal. No order as to costs was made, as the circumstances did not justify a costs order against any party.

Citation
[2016] ZALCC 24
Parties
Applicant: Regional Land Claims Commissioner; Applicant: Sedick Sadien; Applicant: Ebrahim Sadien; Respondent: Jazz Spirit 12 (Pty) Limited; Respondent: Yamiv (Pty) Limited; Respondent: Hein R Badenhorst; Respondent: The Registrar of Deeds; Appellant: South African Riding for the Disabled Association ("SANDRA")
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
31 March 2016
Case Number
LCC26/2010
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed. No order as to costs.
Judges
Mpshe AJ
Legal Topics
Leave to Appeal, Prospects of Success, Land Claims, Costs Order
Land and Property Leave to Appeal Prospects of Success Land Claims Costs Order

Case Brief

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Parties

Regional Land Claims Commissioner

Applicant

Sedick Sadien

Applicant

Ebrahim Sadien

Applicant

Jazz Spirit 12 (Pty) Limited

Respondent

Yamiv (Pty) Limited

Respondent

Hein R Badenhorst

Respondent

The Registrar of Deeds

Respondent

South African Riding for the Disabled Association ("SANDRA")

Appellant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether there are reasonable prospects that another court would reach a different conclusion on the merits of the case.
  2. 2 Whether leave to appeal should be granted to the intervening party.
  3. 3 Whether a costs order should be made.

Ratio Decidendi

The court found, after considering the submissions of all counsel, that there are no reasonable prospects that another court would reach a different conclusion. The judge reaffirmed the correctness of the original judgment and dismissed the application for leave to appeal. No order as to costs was made, as the circumstances did not justify a costs order against any party.

Court Disposition

Application for leave to appeal dismissed. No order as to costs.

Orders

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