Sehloho and Others v Massbuild Proprietary Liminted (2018/35644) [2024] ZAGPJHC 60 (26 January 2024)

Sehloho and Others v Massbuild Proprietary Liminted (2018/35644) [2024] ZAGPJHC 60 (26 January 2024)

The court found that none of the applicants demonstrated a rational basis for reasonable prospects of success on appeal as required by section 17 of the Superior Courts Act. The grounds of appeal raised issues already considered and rejected in the main judgment, including authority to bind the respondent, ratification, quantification of damages, and the effect of settlement agreements. The applicants failed to provide credible evidence or legal argument to support their claims that another court would reach a different conclusion. The respondent's evidence on damages was uncontested, and the applicants' calculations were unsupported. The court concluded that the threshold for leave to...

Citation
[2024] ZAGPJHC 60
Parties
Applicant: Andries Sehloho; Applicant: Russel Stead; Applicant: TM Ecoglobal Enterprise Proprietary Limited; Respondent: Massbuild Proprietary Liminted
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 January 2024
Case Number
2018/35644
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Damages Order
Outcome
Applications for leave to appeal dismissed with costs.
Judges
Malungana
Legal Topics
Leave to Appeal Threshold, Breach of Employment Contract, Ratification of Contract, Quantification of Damages, Fiduciary Duties, Unjust Enrichment
Civil Procedure Commercial and Corporate Leave to Appeal Threshold Breach of Employment Contract Ratification of Contract Quantification of Damages Fiduciary Duties Unjust Enrichment

Case Brief

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Parties

Andries Sehloho

Applicant

Russel Stead

Applicant

TM Ecoglobal Enterprise Proprietary Limited

Applicant

Massbuild Proprietary Liminted

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Damages Order

Legal Issues

  1. 1 Whether the applicants have demonstrated reasonable prospects of success on appeal as required by section 17 of the Superior Courts Act.
  2. 2 Whether the original judgment erred in finding the applicants liable for damages to the respondent.
  3. 3 Whether the contracts in question were validly ratified and whether such ratification absolved the applicants from liability.

Ratio Decidendi

The court found that none of the applicants demonstrated a rational basis for reasonable prospects of success on appeal as required by section 17 of the Superior Courts Act. The grounds of appeal raised issues already considered and rejected in the main judgment, including authority to bind the respondent, ratification, quantification of damages, and the effect of settlement agreements. The applicants failed to provide credible evidence or legal argument to support their claims that another court would reach a different conclusion. The respondent's evidence on damages was uncontested, and the applicants' calculations were unsupported. The court concluded that the threshold for leave to...

Court Disposition

Applications for leave to appeal dismissed with costs.

Orders

  • The applications for leave to appeal are dismissed, with costs.