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South Africa decisions
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Nesane and Another v Pollock N.O and Others (Leave to Appeal) (56445/2020) [2025] ZAGPPHC 144 (13 February 2025)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success, no conflicting judgments, and no compelling reason to hear the appeal.
African Rainbow Minerals Ltd v Tam Holdings (Pty) Ltd and Others (Leave to Appeal) (2023-097235) [2025] ZAGPPHC 83 (31 January 2025)
The High Court refused leave to appeal, holding that the respondents had not shown reasonable prospects of success or any compelling reason to hear the appeal.
Taljaard and Another v Land and Agricultural Development Bank of South Africa and Others (1094/2022; 963/2021; 964/2021; N557/2021; 2436/2021;) [2025] ZANCHC 5 (24 January 2025)
The court found that the applicants failed to prove their claims as creditors and thus did not establish locus standi. However, the liquidators did not specifically deny the applicants' creditor status, which could lead a court of appeal to a different conclusion. The argument that directorship confers standing was rejected, as such applications should be brought by the company itself, not by an individual director. Regarding the cession of rights, the court previously accepted the suite of agreements and confirmations as sufficient to establish a valid cession. However, conflicting judgments…
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Educational Journey NPO v National Lotteries Commission (Leave to Appeal) (10737/2023) [2024] ZALMPPHC 130 (9 September 2024)
The High Court granted leave to appeal, finding conflicting judgments on whether the National Lotteries Commission may condone deficiencies in a funding application.
Steyn v MEC Road and Transport, Gauteng (Leave to Appeal) (20693/2018) [2024] ZAGPPHC 814 (20 August 2024)
The High Court refused leave to appeal, finding no reasonable prospects of success on contributory negligence and no real conflict between the cited authorities.
Lembore and Others v Minister of Home Affairs and Others (Leave to Appeal) (2023/097427) [2024] ZAGPJHC 502 (21 May 2024)
The application for leave to appeal is dismissed because the applicants failed to demonstrate reasonable prospects of success or any compelling reason for the Supreme Court of Appeal to hear the matter. The grounds raised by the applicants were previously argued and dismissed in the main judgment, which followed binding Constitutional Court authority. The Court correctly characterized the amendment application as a review of the good cause interviews process, and without the full record, no pronouncements could be made. The costs order was within the Court's discretion and properly applied to…
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Ingenuity Property Investments (Pty) Ltd v Ignite Fitness (Pty) Ltd - Leave to Appeal (9845/2022) [2023] ZAWCHC 211 (15 August 2023)
The court found that Rule 32 does not expressly prohibit the simultaneous delivery of a replication and an application for summary judgment. The defendant's argument that such conduct constitutes an irregular step under Rule 30 was rejected, as the rule does not contain the limitations advocated by the defendant. The court held that the delivery of a replication does not amount to a waiver of the right to apply for summary judgment, and that reliance on the Task Team's recommendations in interpreting Rule 32 is supported by precedent. The existence of conflicting judgments was found not to be…
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Standard Bank of South Africa Ltd v Wolmarans N.O and Others (3949/2021) [2023] ZAFSHC 130 (17 April 2023)
Leave to appeal was granted to the Supreme Court of Appeal in a dispute over National Credit Act issues, settlement agreements, and surety defences.
A.A S obo C.M.M. S v MEC For Health, Gauteng (Reasons) [2023] ZAGPPHC 184; 13531/2018 (7 March 2023)
The High Court granted leave to appeal only on the issue of general damages in a medical negligence matter involving a severely brain-injured minor.
King Civil Contractors (PTY) Ltd v Enviroserv Waste Management (PTY) Ltd (45747/2021) [2022] ZAGPJHC 467 (13 July 2022)
The High Court refused leave to appeal, holding there were no reasonable prospects of success and no compelling reason based on conflicting judgments.
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