Sassman and Another v Pienaar and Another (Leave to Appeal) (25559/2022) [2023] ZAGPPHC 1846 (2 November 2023)

Sassman and Another v Pienaar and Another (Leave to Appeal) (25559/2022) [2023] ZAGPPHC 1846 (2 November 2023)

The court found that its previous judgment fully addressed all points raised by the applicants. Upon consideration of the grounds of appeal, heads of argument, and oral submissions, the judge was satisfied that no other court could reasonably reach a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2023] ZAGPPHC 1846
Parties
Applicant: Nathan Edwin Sassman; Applicant: Desiree Elizabeth Sassman; Respondent: Harrison Hursiney Pienaar; Respondent: Heidi Julia Pienaar
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 November 2023
Case Number
25559/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
S. Potterill
Legal Topics
Leave to Appeal, Costs Award
Civil Procedure Leave to Appeal Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Nathan Edwin Sassman

Applicant

Desiree Elizabeth Sassman

Applicant

Harrison Hursiney Pienaar

Respondent

Heidi Julia Pienaar

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted against the previous judgment.
  2. 2 Whether another court could reasonably reach a different conclusion on the merits.

Ratio Decidendi

The court found that its previous judgment fully addressed all points raised by the applicants. Upon consideration of the grounds of appeal, heads of argument, and oral submissions, the judge was satisfied that no other court could reasonably reach a different conclusion. 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.
  • The applicants are ordered to pay the costs of the application.