Stander NO and Others v Agridelight Holdings (Pty) Ltd (71862/2016) [2019] ZAGPPHC 261 (27 June 2019)

Stander NO and Others v Agridelight Holdings (Pty) Ltd (71862/2016) [2019] ZAGPPHC 261 (27 June 2019)

The court found that the threshold for granting leave to appeal has been raised, requiring a reasonable prospect of success. The applicants challenged the finding that the agreement was null and void due to lack of written authority from all joint liquidators. The court considered the grounds of appeal and arguments presented, and concluded that there are reasonable prospects of success on appeal, particularly regarding whether written authorisation was required for the first and second applicants to sign on behalf of all liquidators. The court determined that the matter does not qualify for direct referral to the Supreme Court of Appeal, as it does not involve novel or complex issues of...

Citation
[2019] ZAGPPHC 261
Parties
Applicant: C L Stander NO; Applicant: G L S De Wet NO; Applicant: S T Kekana NO; Applicant: L M Malatse-Teffo NO; Respondent: Agridelight Holdings (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 June 2019
Case Number
71862/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Court
Outcome
Leave to appeal to the Full Court of this Division is granted against the orders and judgment handed down on 27 November 2018.
Judges
E M Kubushi
Legal Topics
Leave to Appeal, Alienation of Land Act, Written Authority of Liquidators
Civil Procedure Land and Property Leave to Appeal Alienation of Land Act Written Authority of Liquidators

Case Brief

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Parties

C L Stander NO

Applicant

G L S De Wet NO

Applicant

S T Kekana NO

Applicant

L M Malatse-Teffo NO

Applicant

Agridelight Holdings (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Court

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment and orders handed down on 27 November 2018.
  2. 2 Whether the agreement at issue was null and void for want of compliance with section 2(1) of the Alienation of Land Act 68 of 1981.
  3. 3 Whether written authority from all joint liquidators was required for the agreement to be valid.

Ratio Decidendi

The court found that the threshold for granting leave to appeal has been raised, requiring a reasonable prospect of success. The applicants challenged the finding that the agreement was null and void due to lack of written authority from all joint liquidators. The court considered the grounds of appeal and arguments presented, and concluded that there are reasonable prospects of success on appeal, particularly regarding whether written authorisation was required for the first and second applicants to sign on behalf of all liquidators. The court determined that the matter does not qualify for direct referral to the Supreme Court of Appeal, as it does not involve novel or complex issues of...

Court Disposition

Leave to appeal to the Full Court of this Division is granted against the orders and judgment handed down on 27 November 2018.

Orders

  • The application for leave to appeal is granted.
  • Leave to appeal to the Full Court of this Division is granted against the orders and judgment handed down in this matter on 27 November 2018.