TRANSNET SOC LIMITED v SCHOEMANPARK GOLF AND RECREATIONAL CLUB (3855/2021) [2022] ZAFSHC 156 (17 June 2022)
The court found that the applicant's grounds for appeal did not raise any new issues and merely repeated arguments already considered and rejected in the main judgment. After reviewing the written heads of argument and the grounds for appeal, the court was not persuaded that there were reasonable prospects of...
Source-derived case information.
- Citation
- [2022] ZAFSHC 156
- Parties
- Applicant: TRANSNET SOC LIMITED; Respondent: SCHOEMANPARK GOLF AND RECREATIONAL CLUB
- Court
- Free State High Court, Bloemfontein
- Jurisdiction
- South Africa
- Case Number
- 3855/2021
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Eviction Application
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- NS Daniso
- Legal Topics
- Leave to Appeal, Prospects of Success, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
TRANSNET SOC LIMITED
Applicant
SCHOEMANPARK GOLF AND RECREATIONAL CLUB
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Eviction Application
Legal Issues
- 1 Whether there are reasonable prospects that another court would reach a different decision on the dismissal of the eviction application.
- 2 Whether there are compelling reasons for granting leave to appeal.
Ratio Decidendi
The court found that the applicant's grounds for appeal did not raise any new issues and merely repeated arguments already considered and rejected in the main judgment. After reviewing the written heads of argument and the grounds for appeal, the court was not persuaded that there were reasonable prospects of success or any compelling reason 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 to the Supreme Court of Appeal or the Full Bench of this division against the judgment granted on 10 March 2022 is dismissed with costs.
Full Case Text
Judgment text and source record
32 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA,
FREE STATE DIVISION, BLOEMFONTEIN
Case Number:3855/2021
Reportable: NO/YES
Of Interest to other Judges: NO/YES
Circulate to Magistrates: NO/YES
In the matter between:
TRANSNET SOC LIMITED Applicant
And
SCHOEMANPARK GOLF AND
Respondent
RECREATIONAL CLUB
HEARD ON: This application was determined on the basis of written arguments instead of an oral hearing.
JUDGMENT BY: DANISO, J
DELIVERED ON: This judgment was handed down electronically by
circulation to the parties' representatives by way of email and by release
to SAFLII. The date and time for hand-down is deemed to be 11h00 on 17
June 2022.
[1] This is an opposed application for leave to appeal against my judgment and the consequent order delivered on 10 March 2022. The order followed upon the dismissal of the applicant’s eviction application with costs.
[2] The application is, by consent between the parties determined on the basis of written heads of argument and it is premised on the grounds that there is a reasonable possibility that the Supreme Court of Appeal or the Full Bench of this court would come to another decision.
[3] I have considered the grounds for appeal and the written heads of arguments. In the grounds of appeal including the heads of argument the applicant has essentially regurgitated the arguments presented in the main application. The reasons for my conclusions in this regard are illustrated in my written judgment and having regard to what is deliberated in the judgment, I’m not persuaded that the issues raised by the applicant in its grounds of appeal would have
reasonable prospects of success. There is also no compelling reason why the appeal should be heard. The respondent’s application for leave to appeal stands to be dismissed.
[4] In the result the following order is made:
1. The application for leave to appeal to the Supreme Court of Appeal or the full bench of this division against my judgment granted on 10 March 2022 is dismissed with costs.
NS DANISO, J
For the applicant: Adv.
X. Hilita
McIntyre van der Post Attorneys
BLOEMFONTEIN
For the respondent: Adv.
SJ Reinders
Van Wyk & Preller INC.