Ware Jakob Group (Pty) Ltd t/a Sowaar Bar v Pacific Paramount Properties (Pty) Ltd (2023-038064) [2024] ZAGPPHC 532 (20 June 2024)

Ware Jakob Group (Pty) Ltd t/a Sowaar Bar v Pacific Paramount Properties (Pty) Ltd (2023-038064) [2024] ZAGPPHC 532 (20 June 2024)

The court found, after considering the application for leave to appeal, the judgment, and the arguments presented by both parties, that another court could reasonably reach a different conclusion on the merits. Therefore, the threshold for granting leave to appeal was met. The court exercised its discretion in favour of granting leave to appeal to the Full Court of the Division, with costs to be costs in the appeal.

Citation
[2024] ZAGPPHC 532
Parties
Applicant: Ware Jakob Group (Pty) Ltd t/a Sowaar Bar; Respondent: Pacific Paramount Properties (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 June 2024
Case Number
2023-038064
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Leave to appeal is granted to the Full Court of this Division. Costs will be costs in the appeal.
Judges
S. Potterill
Legal Topics
Leave to Appeal, Prospects of Success
Civil Procedure Leave to Appeal Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

Ware Jakob Group (Pty) Ltd t/a Sowaar Bar

Applicant

Pacific Paramount Properties (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether there are reasonable prospects that another court may reach a different conclusion on the merits of the case.
  2. 2 Whether leave to appeal should be granted to the Full Court of the Division.

Ratio Decidendi

The court found, after considering the application for leave to appeal, the judgment, and the arguments presented by both parties, that another court could reasonably reach a different conclusion on the merits. Therefore, the threshold for granting leave to appeal was met. The court exercised its discretion in favour of granting leave to appeal to the Full Court of the Division, with costs to be costs in the appeal.

Court Disposition

Leave to appeal is granted to the Full Court of this Division. Costs will be costs in the appeal.

Orders

  • Leave to appeal is granted to the Full Court of this Division.
  • Costs are to be costs in the appeal.