Taole v Mothibe (42070/18) [2019] ZAGPPHC 518 (14 October 2019)

Taole v Mothibe (42070/18) [2019] ZAGPPHC 518 (14 October 2019)

The court held that the applicant failed to demonstrate reasonable prospects of success on appeal or any compelling reason for the appeal to be heard. The decision sought on appeal did not dispose of all issues nor would it lead to a just and prompt resolution. The applicant admitted to factual disputes, which could not be resolved on the papers. The court found no merit in granting condonation for the late filing of the application for leave to appeal, emphasizing that condonation is not automatic and must be supported by good cause. The interests of finality and the absence of prospects of success justified refusal of both condonation and leave to appeal.

Citation
[2019] ZAGPPHC 518
Parties
Applicant: Taole, Retselisitsoe Lehlohonolo; Respondent: Mothibe, Teke Elias
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 October 2019
Case Number
42070/18
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Bench; Accompanied by Condonation Application for Late Filing
Outcome
Application for condonation for late filing and application for leave to appeal dismissed with costs.
Judges
Constantinides
Legal Topics
Leave to Appeal, Condonation, Costs Award, Disputes of Fact
Civil Procedure Leave to Appeal Condonation Costs Award Disputes of Fact

Case Brief

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Parties

Taole, Retselisitsoe Lehlohonolo

Applicant

Mothibe, Teke Elias

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Bench; Accompanied by Condonation Application for Late Filing

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether the applicant has reasonable prospects of success on appeal against the judgment and orders handed down on 30 May 2019.
  3. 3 Whether the costs order against the applicant in the original proceedings was appropriate.

Ratio Decidendi

The court held that the applicant failed to demonstrate reasonable prospects of success on appeal or any compelling reason for the appeal to be heard. The decision sought on appeal did not dispose of all issues nor would it lead to a just and prompt resolution. The applicant admitted to factual disputes, which could not be resolved on the papers. The court found no merit in granting condonation for the late filing of the application for leave to appeal, emphasizing that condonation is not automatic and must be supported by good cause. The interests of finality and the absence of prospects of success justified refusal of both condonation and leave to appeal.

Court Disposition

Application for condonation for late filing and application for leave to appeal dismissed with costs.

Orders

  • Condonation for the late filing and prosecution of the application for leave to appeal is refused.
  • The application for leave to appeal to the Full Bench against the judgment of 30 May 2019 is dismissed.