Smith v Grundlingh and Another (426/2018) [2019] ZAECGHC 86 (17 September 2019)

Smith v Grundlingh and Another (426/2018) [2019] ZAECGHC 86 (17 September 2019)

The court found that, although its findings were anchored in the First Respondent’s version, there are reasonable prospects that another court may reach a different conclusion on one or more of the appeal grounds. The application for leave to appeal is therefore granted, with costs to be determined in the appeal.

Citation
[2019] ZAECGHC 86
Parties
Applicant: Ferdinand Cornelius Smith; Respondent: Mr D P Grundlingh; Respondent: Dr Beyers Nude Municipality
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
17 September 2019
Case Number
426/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Contempt Application
Outcome
Leave to appeal granted to the full bench of the Eastern Cape High Court.
Judges
J.E Smith
Legal Topics
Leave to Appeal, Contempt of Court, Municipal by Laws
Civil Procedure Leave to Appeal Contempt of Court Municipal by Laws

Case Brief

Summary, issues, holding and outcome

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Parties

Ferdinand Cornelius Smith

Applicant

Mr D P Grundlingh

Respondent

Dr Beyers Nude Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Contempt Application

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the dismissal of the contempt application.
  2. 2 Whether the court erred in deciding the matter solely on the First Respondent’s version.
  3. 3 Whether the First Respondent was in contravention of municipal by-laws.

Ratio Decidendi

The court found that, although its findings were anchored in the First Respondent’s version, there are reasonable prospects that another court may reach a different conclusion on one or more of the appeal grounds. The application for leave to appeal is therefore granted, with costs to be determined in the appeal.

Court Disposition

Leave to appeal granted to the full bench of the Eastern Cape High Court.

Orders

  • The applicant is granted leave to appeal to the full bench of this court.
  • The costs of this application shall be costs in the appeal.