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South Africa decisions
Decisions matching the current search
Mntungwa v Maripane and Others (2021/27860) [2025] ZAGPJHC 170 (18 February 2025)
Leave to appeal was refused in a dispute about the validity of a customary marriage and the court’s intervention in executor appointments.
Mntimba v Member of the Executive Committee for Health: Gauteng Province (Leave to Appeal) (31590/2020) [2024] ZAGPPHC 1257 (6 December 2024)
The court held that although the prospects of success on appeal are limited, the technical nature of the matter and the applicant's submissions constitute compelling reasons to grant leave to appeal. The grounds advanced by the applicant largely relate to alleged failures by the court to consider certain evidence, but the substantive order is the focus for appeal. The requirements of section 17(1) of the Superior Courts Act are satisfied, and leave to appeal is therefore granted to the Full Court of the Division.
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Motseo and Another v Monama N.O and Others (Leave to Appeal) (38707/2020) [2024] ZAGPPHC 1124 (8 November 2024)
The High Court granted leave to appeal, finding the applicants met the section 17(1)(a) threshold by showing reasonable prospects of success.
130 Fox Street Investments (Pty) Ltd and Another v Rio Ridge 1121 (Pty) Ltd (30135-2019) [2024] ZAGPJHC 1015 (8 October 2024)
The court granted condonation for a late application for leave to appeal, but dismissed leave to appeal with costs after finding no reasonable prospects of success.
Lamavuso Transport v South African Road Passenger Bargaining Council and Others (Application for Leave to Appeal) (JR1333/19) [2024] ZALCJHB 348 (21 August 2024)
The Labour Court dismissed Lamavuso Transport’s application for leave to appeal, finding no reasonable prospect that another court would reach a different result.
Botha v 4D Health (Pty) Ltd (18976/2019) [2024] ZAGPPHC 815 (19 August 2024)
The High Court dismissed an application for leave to appeal, finding the applicant had not met the section 17(1) threshold under the Superior Courts Act, and awarded costs.
Body Corporate of LOS Alamos Norte v Sebola And Others (30469/2020) [2024] ZAGPJHC 737 (12 August 2024)
The court found that the respondents failed to demonstrate reasonable prospects of success on appeal as required by section 17(1)(a) of the Superior Courts Act. The respondents had either consented to or did not oppose several orders in the main application, and the legal consequences of the remaining orders were inescapable. No compelling reasons were presented to justify granting leave to appeal. The application was therefore dismissed, and costs were awarded against the respondents.
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General Council of the Bar of South Africa and Another v Minister of Finance and Others (2023/132695) [2024] ZAGPPHC 741 (2 August 2024)
The High Court refused leave to appeal, finding no reasonable prospect of success or other compelling reason under section 17(1) of the Superior Courts Act.
Nchoe and Another v Education Labour Relation Council and Others (JR 2214/20) [2024] ZALCJHB 311 (23 July 2024)
The court applied the stringent test under section 17(1) of the Superior Courts Act, considering whether there was a reasonable prospect that another court would reach a different conclusion or whether any compelling reason existed for the appeal to be heard. Upon reflection of the judgment and the submissions made, the court found that the applicant had not demonstrated any reasonable prospect of success nor raised any legitimate dispute on the law or unusual issue deserving the attention of the Labour Appeal Court. Accordingly, the application for leave to appeal was dismissed.
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Minister for the Department: Communications and Digital Technologies v Mosidi and Others (Leave to Appeal) (074707/2023) [2024] ZAGPPHC 563 (12 June 2024)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success or other compelling reason under section 17 of the Superior Courts Act.
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