Shoprite Checkers (Edms) Bpk v Bumpers Schawarmas BK and Ander (393/2000) [2010] ZAWCHC 229 (22 June 2010)

Shoprite Checkers (Edms) Bpk v Bumpers Schawarmas BK and Ander (393/2000) [2010] ZAWCHC 229 (22 June 2010)

The court found that there is a reasonable possibility that another court may reach a different conclusion on at least one of the points raised by the applicant. Accordingly, leave to appeal to the full bench of the Western Cape High Court is granted. The costs of the application for leave to appeal will be costs in the appeal.

Citation
[2010] ZAWCHC 229
Parties
Applicant: Shoprite Checkers (Edms) Bpk; Respondent: Bumpers Schwarmas BK; Respondent: Rudolf Jacobus Klopper; Respondent: Medelaine Johanna Klopper
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
22 June 2010
Case Number
393/2000
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal to the full bench of the Western Cape High Court is granted. Costs of the application for leave to appeal will be costs in the appeal.
Judges
Muller
Legal Topics
Leave to Appeal, Costs on Appeal, Grounds for Appeal
Civil Procedure Leave to Appeal Costs on Appeal Grounds for Appeal

Case Brief

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Parties

Shoprite Checkers (Edms) Bpk

Applicant

Bumpers Schwarmas BK

Respondent

Rudolf Jacobus Klopper

Respondent

Medelaine Johanna Klopper

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court may reach a different conclusion on one or more points raised by the applicant.
  2. 2 Whether leave to appeal should be granted to the full bench of the court.
  3. 3 How the costs of the application for leave to appeal should be allocated.

Ratio Decidendi

The court found that there is a reasonable possibility that another court may reach a different conclusion on at least one of the points raised by the applicant. Accordingly, leave to appeal to the full bench of the Western Cape High Court is granted. The costs of the application for leave to appeal will be costs in the appeal.

Court Disposition

Leave to appeal to the full bench of the Western Cape High Court is granted. Costs of the application for leave to appeal will be costs in the appeal.

Orders

  • Leave to appeal to the full bench of the Western Cape High Court is granted.
  • Costs of the application for leave to appeal will be costs in the appeal.