South Africa Case Law

Makua v Firstrand Bank Limited (First National Bank of Southern Africa Limited) (Reasons on Leave to Appeal) (18093/21)

Makua v Firstrand Bank Limited (First National Bank of Southern Africa Limited) (Reasons on Leave to Appeal) (18093/21) [2025] ZAGPPHC 785 (6 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

18093/21

Judge

Phooko

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no compelling reason to hear the appeal.

• Leave To Appeal Threshold
• Postponement
• Costs Order
• Ombudsman Referral
• National Credit Act
• Constitutional Rights

Fourways Gardens Homeowners Association v Duggan and Others (2023/067528)

Fourways Gardens Homeowners Association v Duggan and Others (2023/067528) [2025] ZAGPJHC 746 (25 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/067528

Judge

M V Noko

The court found that the applicant failed to meet the higher threshold required for leave to appeal under the Superior Courts Act. The arguments advanced in support of the application were substantially the same as those previously considered and rejected in the main judgment. The applicant did not demonstrate that another court would come to a different conclusion or that there were compelling reasons for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed with costs.

Source excerpt

• Leave To Appeal Threshold
• Impossibility Of Performance
• Without Prejudice Correspondence
• Jurisdiction Of Csos Ombudsman
• Retrospective Resolution Effect

Liftcor (Pty) Ltd v ABSA Vehicle Management Solutions (Pty) Ltd (2022/040937)

Liftcor (Pty) Ltd v ABSA Vehicle Management Solutions (Pty) Ltd (2022/040937) [2025] ZAGPJHC 698 (18 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/040937

Judge

M V Noko

The High Court dismissed Liftcor’s late application for leave to appeal, finding no reasonable prospects of success and awarding costs against the applicant.

• Leave To Appeal Threshold
• Rei Vindicatio
• Ownership Of Movables
• Ius Retentionis
• Estoppel
• Costs Order

City and Atlantic Real Estate CC t/a Remax Living v Smith and Others (Leave to Appeal) (2 July 2025) (7118/2023)

City and Atlantic Real Estate CC t/a Remax Living v Smith and Others (Leave to Appeal) (2 July 2025) (7118/2023) [2025] ZAWCHC 304 (2 July 2025)

Court

Western Cape High Court, Cape Town

Case number

7118/2023

Judge

Parker

The High Court refused leave to appeal, finding no reasonable prospects of success on issues about effective cause, the mandate, or costs.

• Leave To Appeal Threshold
• Estate Agent Commission
• Effective Cause Of Sale
• Contractual Interpretation
• Motion Proceedings
• Costs Order

Arnold v Cowen and Another (4523/2022)

Arnold v Cowen and Another (4523/2022) [2025] ZAGPJHC 653 (27 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

4523/2022

Judge

Noko

The High Court dismissed an application for leave to appeal, finding the challenged order interlocutory, the new evidence inadmissible, and the threshold unmet.

• Leave To Appeal Threshold
• Interlocutory Orders
• Condonation
• Costs Punitive Scale
• Leave-to-appeal
• Interlocutory-orders

H.M.V.A and Another v T.H.B (2024/056100)

H.M.V.A and Another v T.H.B (2024/056100) [2025] ZAGPJHC 645 (27 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/056100

Judge

KL Meikle

The High Court dismissed a respondent’s application for leave to appeal in a grandparent-contact dispute, finding no reasonable prospects of success and awarding costs.

• Contact Rights Of Grandparents
• Best Interests Of Child
• Leave To Appeal Threshold
• Costs Award
• Grandparent-contact-rights
• Best-interests-of-the-child

Housing Development Agency v Khavhakone Construction Group (Pty) Ltd (22632/2022)

Housing Development Agency v Khavhakone Construction Group (Pty) Ltd (22632/2022) [2025] ZAGPPHC 506 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

22632/2022

Judge

Retief

Leave to appeal was refused after the court found no reasonable prospects of success in a dispute over interim payment certificates and contract valuation.

• Leave To Appeal Threshold
• Interim Payment Certificates
• Service Level Agreement
• Contract Termination
• Leave-to-appeal
• Interim-payment-certificates

Edelstein Farber Grobler INC v Neumann (66161/2012)

Edelstein Farber Grobler INC v Neumann (66161/2012) [2025] ZAGPPHC 335 (28 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

66161/2012

Judge

L.G. Curlewis

The High Court dismissed an application for leave to appeal in a professional negligence dispute, finding no reasonable prospect of success and awarding costs.

• Leave To Appeal Threshold
• Professional Negligence
• Fidelity Fund Certificate
• Commission Entitlement
• Effective Cause
• Costs Award

Ekurhuleni Metropolitan Municipality v Williams NO (JR155/21; JR1625/21)

Ekurhuleni Metropolitan Municipality v Williams NO (JR155/21; JR1625/21) [2025] ZALCJHB 135 (13 March 2025)

Court

Labour Court Johannesburg

Case number

JR1552/21; JR1625/21

Judge

M Makhura

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospect of success or other compelling reason to hear the matter.

• Leave To Appeal Threshold
• Review Of Arbitration Award
• Jurisdictional Point
• Consolidation Of Applications
• Unfair Dismissal
• Leave-to-appeal

Cross Med Health Centre (Pty) Limited v Board of Healthcare funders NPC and Others (2023/082674)

Cross Med Health Centre (Pty) Limited v Board of Healthcare funders NPC and Others (2023/082674) [2025] ZAGPJHC 150 (20 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/082674

Judge

Theron

The High Court dismissed an application for leave to appeal, holding that the respondent had not shown reasonable prospects of success under section 17 of the Superior Courts Act.

• Leave To Appeal Threshold
• Reasonable Prospect Of Success
• Costs Order
• Leave-to-appeal
• Reasonable-prospects-of-success
• Costs-order