Tridevco (Proprietary) Limited and Another v Minister of Agriculture, Land Reform and Rural Development and Others (Leave to Appeal) (2021/14735) [2024] ZAGPPHC 19 (15 January 2024)

Tridevco (Proprietary) Limited and Another v Minister of Agriculture, Land Reform and Rural Development and Others (Leave to Appeal) (2021/14735) [2024] ZAGPPHC 19 (15 January 2024)

The court found, after considering the submissions of both parties and the grounds advanced in the application for leave to appeal, that there are prospects that another court would come to a different conclusion. The judge applied the test set out in Section 17 of the Superior Courts Act and relevant case law, noting that the threshold for granting leave to appeal is higher and requires a degree of certainty that another court will differ. The judge was satisfied that the applicants met this threshold and that leave to appeal should be granted.

Citation
[2024] ZAGPPHC 19
Parties
Applicant: Tridevco (Proprietary) Limited; Applicant: Witfontein X16 Broedery CC; Respondent: Minister of Agriculture, Land Reform and Rural Development; Respondent: Delegate of the Minister of Agriculture, Land Reform and Rural Development; Respondent: Registrar of Deeds, Pretoria; Respondent: Ekurhuleni Metropolitan
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 January 2024
Case Number
2021/14735
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Original Application
Outcome
Leave to appeal granted to the Supreme Court of Appeal; costs of the application for leave to appeal are costs in the appeal.
Judges
Mokose
Legal Topics
Leave to Appeal, Prospects of Success, Section 17 Superior Courts Act
Civil Procedure Leave to Appeal Prospects of Success Section 17 Superior Courts Act

Case Brief

Summary, issues, holding and outcome

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Parties

Tridevco (Proprietary) Limited

Applicant

Witfontein X16 Broedery CC

Applicant

Minister of Agriculture, Land Reform and Rural Development

Respondent

Delegate of the Minister of Agriculture, Land Reform and Rural Development

Respondent

Registrar of Deeds, Pretoria

Respondent

Ekurhuleni Metropolitan

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to appeal should be granted to the Supreme Court of Appeal or the Full Court.
  2. 2 Whether there are reasonable prospects of success or compelling reasons for the appeal.

Ratio Decidendi

The court found, after considering the submissions of both parties and the grounds advanced in the application for leave to appeal, that there are prospects that another court would come to a different conclusion. The judge applied the test set out in Section 17 of the Superior Courts Act and relevant case law, noting that the threshold for granting leave to appeal is higher and requires a degree of certainty that another court will differ. The judge was satisfied that the applicants met this threshold and that leave to appeal should be granted.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal; costs of the application for leave to appeal are costs in the appeal.

Orders

  • Leave to appeal is granted to the Supreme Court of Appeal.
  • The costs of the application for leave to appeal are costs in the appeal.