Venter & Volschenk Attorneys and Another v Ekman (44655/2013) [2015] ZAGPPHC 622 (4 September 2015)

Venter & Volschenk Attorneys and Another v Ekman (44655/2013) [2015] ZAGPPHC 622 (4 September 2015)

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.

Citation
[2015] ZAGPPHC 622
Parties
Applicant: Venter & Volschenk Attorneys; Applicant: Stoffel Jacobus Venter; Respondent: A.H. Ekman
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 September 2015
Case Number
44655/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted to the Full Bench of the High Court, Gauteng Division, Pretoria.
Judges
C Pretorius
Legal Topics
Prescription Act Interpretation, Leave to Appeal, Costs in the Appeal
Civil Procedure Prescription Act Interpretation Leave to Appeal Costs in the Appeal

Case Brief

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Parties

Venter & Volschenk Attorneys

Applicant

Stoffel Jacobus Venter

Applicant

A.H. Ekman

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether another court may reach a different conclusion regarding the interpretation of section 12(2) read with section 12(3) of the Prescription Act.
  2. 2 Whether leave to appeal should be granted to the Full Bench.

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.

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.