Road Accident Fund v Mlotha and Another (Leave to Appeal) (25040/2022) [2024] ZAGPPHC 1305 (10 December 2024)

Road Accident Fund v Mlotha and Another (Leave to Appeal) (25040/2022) [2024] ZAGPPHC 1305 (10 December 2024)

The application for leave to appeal fails because the order dismissing the counter-claim is not final in its effect. The court expressly dismissed the counter-application on the basis that the substance of the relief sought is subject to the Supreme Court of Appeal's consideration in the Mudawo matter. The applicant did not respond to the contention that the order is not final, and the point is unanswerable. As only final orders are appealable, the application must be dismissed.

Citation
[2024] ZAGPPHC 1305
Parties
Applicant: Road Accident Fund; Respondent: M Mlotha; Respondent: Sheriff, Cape Town West
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 December 2024
Case Number
25040/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Counter Claim
Outcome
Application for leave to appeal dismissed with costs.
Judges
O Mooki
Legal Topics
Leave to Appeal, Finality of Orders, Costs Award
Civil Procedure Leave to Appeal Finality of Orders Costs Award

Case Brief

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Parties

Road Accident Fund

Applicant

M Mlotha

Respondent

Sheriff, Cape Town West

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Dismissal of Counter Claim

Legal Issues

  1. 1 Whether the order dismissing the counter-claim is final and thus appealable.
  2. 2 Whether the applicant has met the threshold for the grant of leave to appeal.
  3. 3 Whether previous decisions on the RAF directive are binding on this court.

Ratio Decidendi

The application for leave to appeal fails because the order dismissing the counter-claim is not final in its effect. The court expressly dismissed the counter-application on the basis that the substance of the relief sought is subject to the Supreme Court of Appeal's consideration in the Mudawo matter. The applicant did not respond to the contention that the order is not final, and the point is unanswerable. As only final orders are appealable, the application must be dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay costs.