Shirbeza v Tobitrix (Pty) Ltd (2021/39063) [2025] ZAGPJHC 721 (1 July 2025)

Shirbeza v Tobitrix (Pty) Ltd (2021/39063) [2025] ZAGPJHC 721 (1 July 2025)

The court found that all issues raised in the application for leave to appeal had already been considered in the original judgment. The applicant failed to persuade the court that there are reasonable prospects of success or that another court would reach a different conclusion. There was no compelling reason presented for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2025] ZAGPJHC 721
Parties
Applicant: Sultan Zeberga Shirbeza; Respondent: Tobitrix (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 July 2025
Case Number
2021/39063
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
Twala M L
Legal Topics
Leave to Appeal, Reasonable Prospects of Success, Costs Order
Civil Procedure Leave to Appeal Reasonable Prospects of Success Costs Order

Case Brief

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Parties

Sultan Zeberga Shirbeza

Applicant

Tobitrix (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Order

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal.
  2. 2 Whether there is any compelling reason for the appeal to be heard.
  3. 3 Whether the application for leave to appeal should be dismissed with costs.

Ratio Decidendi

The court found that all issues raised in the application for leave to appeal had already been considered in the original judgment. The applicant failed to persuade the court that there are reasonable prospects of success or that another court would reach a different conclusion. There was no compelling reason presented for the appeal to be heard. 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 with costs.