Wolhunter N.O and Others v Mtetwa Investments (Pty) Ltd (4542/2023; 4543/2023) [2024] ZAFSHC 379 (15 November 2024)

Wolhunter N.O and Others v Mtetwa Investments (Pty) Ltd (4542/2023; 4543/2023) [2024] ZAFSHC 379 (15 November 2024)

The court carefully considered the statutory requirements for granting leave to appeal under section 17 of the Superior Courts Act and the relevant case law. After reviewing the applicants' written and oral arguments, the court found that a sound, rational basis exists for the conclusion that there are prospects of success on appeal. The matter involves issues of condonation for late filing and substantive grounds that merit reconsideration by a higher court. The court determined that the threshold for granting leave to appeal was met and that the interests of justice require the matter to be heard by the Full Court. Accordingly, leave to appeal was granted in respect of the first order...

Citation
[2024] ZAFSHC 379
Parties
Applicant: Johannes Jacobus Wolhuter N.O.; Applicant: Fanti Bekker Hattingh N.O.; Applicant: Stephen Fouchée N.O.; Respondent: Mtetwa Investments (Pty) Ltd; Respondent: Alfred Zakade Mtetwa; Respondent: Zinvonox (Pty) Ltd; Respondent: Johannes Stephanus Olivier
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 November 2024
Case Number
4542/2023; 4543/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following First Order Dated 4 April 2024.
Outcome
Leave to appeal granted to the Full Court of the Free State Division (Bloemfontein) in respect of the first order made on 4 April 2024. Costs of both applications for leave to appeal are costs in the appeals.
Judges
M Opperman
Legal Topics
Leave to Appeal, Condonation for Late Filing, Reasonable Prospect of Success, Superior Courts Act, Costs in Appeal
Civil Procedure Leave to Appeal Condonation for Late Filing Reasonable Prospect of Success Superior Courts Act Costs in Appeal

Case Brief

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Parties

Johannes Jacobus Wolhuter N.O.

Applicant

Fanti Bekker Hattingh N.O.

Applicant

Stephen Fouchée N.O.

Applicant

Mtetwa Investments (Pty) Ltd

Respondent

Alfred Zakade Mtetwa

Respondent

Zinvonox (Pty) Ltd

Respondent

Johannes Stephanus Olivier

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following First Order Dated 4 April 2024.

Legal Issues

  1. 1 Whether the applicants have demonstrated a reasonable prospect of success on appeal.
  2. 2 Whether condonation for the late filing of papers should be granted.
  3. 3 Whether the matter should be referred to the Full Court for determination.

Ratio Decidendi

The court carefully considered the statutory requirements for granting leave to appeal under section 17 of the Superior Courts Act and the relevant case law. After reviewing the applicants' written and oral arguments, the court found that a sound, rational basis exists for the conclusion that there are prospects of success on appeal. The matter involves issues of condonation for late filing and substantive grounds that merit reconsideration by a higher court. The court determined that the threshold for granting leave to appeal was met and that the interests of justice require the matter to be heard by the Full Court. Accordingly, leave to appeal was granted in respect of the first order...

Court Disposition

Leave to appeal granted to the Full Court of the Free State Division (Bloemfontein) in respect of the first order made on 4 April 2024. Costs of both applications for leave to appeal are costs in the appeals.

Orders

  • The applicants’ applications for leave to appeal are granted under case numbers 4542/2023 and 4543/2023 in respect of the first order made on 4 April 2024.
  • Leave is granted to the Full Court of the Free State Division (Bloemfontein).