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South Africa decisions
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P.M.M obo M.D.M v MEC for Health, Gauteng Province (23339/2020) [2025] ZAGPJHC 689 (15 July 2025)
The High Court refused condonation for a late application for leave to appeal, finding the delay inadequately explained and the proposed appeal weak.
Busamed Healthcare (Pty) Ltd and Others v Mazars Corporate Finance (Pty) Ltd and Others (2021/45096) [2025] ZAGPJHC 27 (20 January 2025)
The High Court dismissed leave to appeal against an interlocutory order that allowed further affidavits and postponed a counter-application in a long-running valuation dispute.
C.W and Another v Potgieter and Others (88660/2019) [2024] ZAGPPHC 262 (14 March 2024)
The High Court granted condonation but refused leave to appeal against an interlocutory order, amended the prior order by consent, and awarded costs against the First Respondent.
Sejake v Ratlou Local Municipality and Others (UM185/2022) [2023] ZANWHC 205 (17 November 2023)
The court found that the applicant had established urgency under Rule 6(12) due to the immediate and ongoing harm caused by the attachment of his salary, which prevented him from meeting monthly obligations. The judgment of Reid J, although arguably interlocutory, had a substantial and immediate effect on the applicant's rights and finances. In the interests of justice, and considering the harm suffered, the court deemed it appropriate to suspend and stay the writ of execution and notice of attachment pending the finalisation of the application for leave to appeal or appeal. The court also or…
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Moshabane v Mtshagi (Kave) and Others - Application for Leave to Appeal (70/2022) [2023] ZAECQBHC 39 (20 June 2023)
The High Court refused leave to appeal against a postponement and costs order, finding no merit in the grounds, refusing condonation, and upholding the corrected order.
Sampson v Wesbank a Division of Firstrand Bank Limited (2021/11300) [2023] ZAGPJHC 77 (1 February 2023)
The High Court dismissed Darren Sampson’s application for leave to appeal against an order directing him to file heads of argument, finding no prospects of success.
Member of the Executive Council for Health, Gauteng Province v De Lange (47616/2017) [2022] ZAGPPHC 707 (26 September 2022)
The court found that the applicant failed to set out specific grounds under section 17 of the Superior Courts Act for leave to appeal. Upon consideration of the written heads of argument and the papers, the court concluded that there is no reasonable prospect that another court would come to a different conclusion regarding the interlocutory order. The order granted was interlocutory in nature and does not have final effect. The applicant will have an opportunity to amend the particulars of claim as per the original order. The threshold for granting leave to appeal has not been met, and the a…
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JO v ZO (14941/2022) [2022] ZAGPJHC 655 (6 September 2022)
The High Court dismissed an application for leave to appeal, holding there was no reasonable prospect of success and awarding costs.
Khumalo v Absa Bank Limited (5141/2021) [2022] ZAGPPHC 238 (14 April 2022)
The court found that the respondent's grounds for leave to appeal were irregular, as they were not raised in an answering affidavit and were not before the unopposed motion court. The interlocutory order granted had no final effect, as the main action was still pending, and thus was not appealable. The respondent had admitted the instalment sale agreement in his plea, making further evidence unnecessary. Absa had produced the best available evidence under the Electronic Communications and Transactions Act, and ownership of the vehicle was not in dispute. The court was not persuaded that reaso…
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Sampson v Minister of Justice and Correctional Services and Others (34622/2016) [2021] ZAGPJHC 698 (11 November 2021)
The High Court dismissed an application for leave to appeal because the plaintiff provided no grounds of appeal and had not complied with procedure.
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