Razzmatazz Civil (Pty) Ltd and Another v MEC: Free State Provincial Government: Department of Police, Roads and Transport (2547/2019) [2023] ZAFSHC 508 (29 December 2023)

Razzmatazz Civil (Pty) Ltd and Another v MEC: Free State Provincial Government: Department of Police, Roads and Transport (2547/2019) [2023] ZAFSHC 508 (29 December 2023)

The court considered the grounds of appeal and the requirements for granting leave to appeal under section 17(1)(a)(i) of the Superior Courts Act. After a careful and dispassionate review of the judgment and the issues raised, the court found that all aspects had been adequately addressed in the main judgment. The applicant failed to demonstrate a reasonable prospect that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2023] ZAFSHC 508
Parties
Respondent: Razzmatazz Civil (Pty) Ltd; Respondent: Civil Tech Construction CC; Applicant: MEC: Free State Provincial Government: Department of Police, Roads and Transport
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 December 2023
Case Number
2547/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
Daniso
Legal Topics
Leave to Appeal, Contract Interpretation, Balance of Probabilities, Costs Order
Civil Procedure Commercial and Corporate Leave to Appeal Contract Interpretation Balance of Probabilities Costs Order

Case Brief

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Parties

Razzmatazz Civil (Pty) Ltd

Respondent

Civil Tech Construction CC

Respondent

MEC: Free State Provincial Government: Department of Police, Roads and Transport

Applicant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the judgment and order of 6 October 2023.
  2. 2 Whether this court erred in its interpretation of the contracts governing the parties' relationship.
  3. 3 Whether the applicant's liability was proven on a balance of probabilities.

Ratio Decidendi

The court considered the grounds of appeal and the requirements for granting leave to appeal under section 17(1)(a)(i) of the Superior Courts Act. After a careful and dispassionate review of the judgment and the issues raised, the court found that all aspects had been adequately addressed in the main judgment. The applicant failed to demonstrate a reasonable prospect that another court would reach a different conclusion. 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 is dismissed with costs.