Sarrahwitz v Maritz N.O. (819/2012) [2014] ZAECPEHC 90 (25 February 2014)

Sarrahwitz v Maritz N.O. (819/2012) [2014] ZAECPEHC 90 (25 February 2014)

The applicant's application for leave to appeal is based on a new constitutional cause of action not raised in the original proceedings. The applicant failed to lay a proper foundation for a constitutional challenge in the initial application, and none of the trial court's findings are challenged. The legal principles require that constitutional issues and the development of the common law be pleaded and argued before the trial court, not raised for the first time on appeal. The applicant has not demonstrated reasonable prospects of success, and the speculative nature of the new case does not justify condonation or leave to appeal. The applicant's explanation for the delay, even if...

Citation
[2014] ZAECPEHC 90
Parties
Applicant: Virginia Sarrahwitz; Respondent: Hermanus Maritz N.O.
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
25 February 2014
Case Number
819/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Application for condonation for late filing and leave to appeal refused.
Judges
G Goosen
Legal Topics
Condonation for Late Filing, Leave to Appeal, Alienation of Land Act, Constitutional Challenge, Joinder of Parties
Civil Procedure Land and Property Condonation for Late Filing Leave to Appeal Alienation of Land Act Constitutional Challenge Joinder of Parties

Case Brief

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Parties

Virginia Sarrahwitz

Applicant

Hermanus Maritz N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether leave to appeal should be granted on a new constitutional basis not raised in the original application.
  3. 3 Whether the applicant may join the Minister of Trade and Industries at this stage of proceedings.

Ratio Decidendi

The applicant's application for leave to appeal is based on a new constitutional cause of action not raised in the original proceedings. The applicant failed to lay a proper foundation for a constitutional challenge in the initial application, and none of the trial court's findings are challenged. The legal principles require that constitutional issues and the development of the common law be pleaded and argued before the trial court, not raised for the first time on appeal. The applicant has not demonstrated reasonable prospects of success, and the speculative nature of the new case does not justify condonation or leave to appeal. The applicant's explanation for the delay, even if...

Court Disposition

Application for condonation for late filing and leave to appeal refused.

Orders

  • The application for condonation for the late filing of the application for leave to appeal is refused.