Venter & Volschenk Attorneys and Another v Ekman (44655/2013) [2015] ZAGPPHC 622 (4 September 2015)
- Citation
- [2015] ZAGPPHC 622
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- C Pretorius
- Case number
- 44655/2013
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- C Pretorius
- Case number
- 44655/2013
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that, given the arguments presented and the complexity of interpreting section 12(2) read with section 12(3) of the Prescription Act, there is a reasonable possibility that another court may reach a different conclusion. Accordingly, leave to appeal is granted to the Full Bench of the High Court, Gauteng Division, Pretoria.
Court disposition
Leave to appeal granted to the Full Bench of the High Court, Gauteng Division, Pretoria.
Orders
- Leave to appeal is granted to the Full Bench of the High Court, Gauteng Division, Pretoria.
- Costs of the application for leave to appeal will be costs in the appeal.
02
Material facts
Parties
Venter & Volschenk Attorneys
Applicant Counsel: Adv. De JagerStoffel Jacobus Venter
Applicant Counsel: Adv. De JagerA.H. Ekman
Respondent Counsel: Adv. J Du Plessis SC03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether another court may reach a different conclusion regarding the interpretation of section 12(2) read with section 12(3) of the Prescription Act.
- 02
Whether leave to appeal should be granted to the Full Bench.
Party arguments
- Applicant
- The applicants argued that the court erred in its interpretation of section 12(2) read with section 12(3) of the Prescription Act and that there are reasonable prospects that another court may come to a different conclusion. They submitted that leave to appeal should be granted.
- Respondent
- The respondent contended that the court's interpretation of the Prescription Act was correct and that there are no reasonable prospects of success on appeal. The respondent opposed the granting of leave to appeal.
05
Court’s reasoning
Legal principles
- 01
Prescription Act, section 12(2) and section 12(3)
Leave to appeal should be granted if there is a reasonable possibility that another court may come to a different conclusion on the interpretation of the relevant statutory provisions.
06
Ratio, limits and disposition
Ratio decidendi
The court found that, given the arguments presented and the complexity of interpreting section 12(2) read with section 12(3) of the Prescription Act, there is a reasonable possibility that another court may reach a different conclusion. Accordingly, leave to appeal is granted to the Full Bench of the High Court, Gauteng Division, Pretoria.
Obiter and limits
- Costs of the application for leave to appeal will be costs in the appeal.
Court disposition
Leave to appeal granted to the Full Bench of the High Court, Gauteng Division, Pretoria.
- Leave to appeal is granted to the Full Bench of the High Court, Gauteng Division, Pretoria.
- Costs of the application for leave to appeal will be costs in the appeal.
Source and reliance status
North Gauteng High Court, Pretoria
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Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
IN THE HIGH COURT OF
SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Case number: 44655/2013
Date: 4 SEPTEMBER 2015
In the matter between:
VENTER & VOLSCHENK ATTORNEYS..............................................................1ST
APPLICANT
STOFFEL JACOBUS VENTER...............................................................................2ND
APPLICANT
And
A.H. EKMAN..................................................................................................................RESPONDENT
JUDGMENT
(APPLICATION FOR LEAVE TO APPEAL)
PRETORIUS J,
[1] I have considered the reasons as set out in the application for leave to appeal as well as the arguments by both counsel. It is possible that another court may come to another conclusion in regards to the interpretation of section 12(2) read with section 12(3) of the Prescription Act.
[2] Therefor I make the following order:
1. Leave to appeal is granted to the Full Bench of the High Court, Gauteng Division, Pretoria.
2. Costs of the application for leave to appeal will be costs in the appeal.
Judge C Pretorius
Case number : 44655/2013
Application for leave to appeal
heard on : 26 August 2015
For the Applicant : Adv. De Jager
Instructed by : Van Zyl Le Roux Inc
For the Respondent : Adv. J Du Plessis SC
Instructed by : Elmarie De Vos Inc
Date of Judgment : 4 September 2015
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