Sephton v Anglo Operations (PTY) LTD and Others (31271/2020) [2024] ZAGPJHC 90 (2 February 2024)

Sephton v Anglo Operations (PTY) LTD and Others (31271/2020) [2024] ZAGPJHC 90 (2 February 2024)

The court, after considering the papers and submissions, found that the applicant had established that the appeal would have reasonable prospects of success as required by section 17(1) of the Superior Courts Act. Accordingly, leave to appeal was granted to the full court of the division. The costs of the application for leave to appeal will be costs in the appeal.

Citation
[2024] ZAGPJHC 90
Parties
Applicant: John Ross Sephton; Respondent: Anglo Operations (PTY) LTD; Respondent: Anglo American Platinum (PTY) LTD; Respondent: Mmaputi Jeanny Mello; Respondent: Piteau Associates
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 February 2024
Case Number
31271/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 18 May 2022.
Outcome
Leave to appeal granted to the full court of the division. Costs will be costs in the appeal.
Judges
Senyatsi M L
Legal Topics
Leave to Appeal, Superior Courts Act Section 17, Costs in Appeal
Civil Procedure Leave to Appeal Superior Courts Act Section 17 Costs in Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

John Ross Sephton

Applicant

Anglo Operations (PTY) LTD

Respondent

Anglo American Platinum (PTY) LTD

Respondent

Mmaputi Jeanny Mello

Respondent

Piteau Associates

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 18 May 2022.

Legal Issues

  1. 1 Whether the applicant has established grounds for leave to appeal as required by section 17(1) of the Superior Courts Act.
  2. 2 Whether leave to appeal should be granted to the full court of the division.
  3. 3 Determination of costs for the leave to appeal application.

Ratio Decidendi

The court, after considering the papers and submissions, found that the applicant had established that the appeal would have reasonable prospects of success as required by section 17(1) of the Superior Courts Act. Accordingly, leave to appeal was granted to the full court of the division. The costs of the application for leave to appeal will be costs in the appeal.

Court Disposition

Leave to appeal granted to the full court of the division. Costs will be costs in the appeal.

Orders

  • Leave to appeal the judgment is granted to the full Court of this Division.
  • The costs will be the costs in the appeal.