Wessels v Pretorius (814/03) [2006] ZANWHC 46 (30 June 2006)

Wessels v Pretorius (814/03) [2006] ZANWHC 46 (30 June 2006)

The court found that the facts of the case are such that another court may reasonably reach a different conclusion. There is no existing case law directly on point, and the damages claimed are substantial. In the interests of justice, leave to appeal should be granted to allow the Supreme Court of Appeal to consider the matter. The costs of the application for leave to appeal are to be costs in the appeal.

Citation
[2006] ZANWHC 46
Parties
Applicant: Stephanus Wessels; Respondent: Benjamin Christoffel Pretorius
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
30 June 2006
Case Number
814/03
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 2 March 2006.
Outcome
Leave to appeal granted to the applicant. Costs of the application to be costs in the appeal.
Judges
A A Landman
Legal Topics
Leave to Appeal, Costs Order, Substantial Damages
Civil Procedure Leave to Appeal Costs Order Substantial Damages

Case Brief

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Parties

Stephanus Wessels

Applicant

Benjamin Christoffel Pretorius

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 2 March 2006.

Legal Issues

  1. 1 Whether leave to appeal should be granted to the applicant against the judgment delivered on 2 March 2006.
  2. 2 Whether the facts are such that another court may reasonably reach a different conclusion.
  3. 3 Whether the interests of justice require that the matter be considered by the Supreme Court of Appeal.

Ratio Decidendi

The court found that the facts of the case are such that another court may reasonably reach a different conclusion. There is no existing case law directly on point, and the damages claimed are substantial. In the interests of justice, leave to appeal should be granted to allow the Supreme Court of Appeal to consider the matter. The costs of the application for leave to appeal are to be costs in the appeal.

Court Disposition

Leave to appeal granted to the applicant. Costs of the application to be costs in the appeal.

Orders

  • Leave to appeal is granted to the applicant to the Supreme Court of Appeal.
  • The costs of this application shall be costs in the appeal.