Xulaba v Passenger Rail Agency of South Africa (65357/2020) [2024] ZAGPPHC 100 (12 February 2024)

Xulaba v Passenger Rail Agency of South Africa (65357/2020) [2024] ZAGPPHC 100 (12 February 2024)

The court found that the applicant abandoned all but two grounds of appeal, and the remaining grounds lacked merit. The applicant failed to plead or prove payment of reasonable remuneration, which was essential for her contractual claim. The credibility finding against the applicant remained undisturbed due to the waiver of the relevant ground. The court held that the issue of ticket possession was not materially misdirected, as it was properly canvassed during proceedings. Upon reconsideration of the arguments and the judgment, the court was not persuaded that the applicant met the threshold for leave to appeal as set out in Section 17(1)(a)(i) and/or Section 17(1)(a)(ii) of the Superior...

Citation
[2024] ZAGPPHC 100
Parties
Applicant: Yonela Amanda Xulaba; Respondent: Passenger Rail Agency of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 February 2024
Case Number
65357/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 26 October 2023.
Outcome
Leave to appeal is dismissed with costs.
Judges
L.A. Retief
Legal Topics
Leave to Appeal, Superior Courts Act, Costs Order
Civil Procedure Leave to Appeal Superior Courts Act Costs Order

Case Brief

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Parties

Yonela Amanda Xulaba

Applicant

Passenger Rail Agency of South Africa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 26 October 2023.

Legal Issues

  1. 1 Whether the applicant has met the threshold for leave to appeal under Section 17(1)(a)(i) and/or Section 17(1)(a)(ii) of the Superior Courts Act 2013.
  2. 2 Whether the applicant pleaded and proved payment of reasonable remuneration to trigger the respondent's contractual duty.
  3. 3 Whether the court materially misdirected itself regarding the applicant's possession of a train ticket.

Ratio Decidendi

The court found that the applicant abandoned all but two grounds of appeal, and the remaining grounds lacked merit. The applicant failed to plead or prove payment of reasonable remuneration, which was essential for her contractual claim. The credibility finding against the applicant remained undisturbed due to the waiver of the relevant ground. The court held that the issue of ticket possession was not materially misdirected, as it was properly canvassed during proceedings. Upon reconsideration of the arguments and the judgment, the court was not persuaded that the applicant met the threshold for leave to appeal as set out in Section 17(1)(a)(i) and/or Section 17(1)(a)(ii) of the Superior...

Court Disposition

Leave to appeal is dismissed with costs.

Orders

  • Leave to appeal is dismissed with costs.