Municipal Workers Retirement Fund v Kopanong Local Municipality
To be successful with a leave to appeal application you firstly have to proof that there a is a convincing reason for the leave to appeal to be granted and also a reasonable prospect of success in the Appeal that you seek to lodge against an unfavourable Judgment. It is furthermore cardinal to proof that the decision or outcome of the case that you require in your Appeal will have a practical effect or result and also offers a fair and quick resolution of the issues between the parties.
Compiled by: Andri de Jager (LL.B., Dipl. Adv. Est. & Trust Admin); source: https://www.lexisnexis.co.za/
LEXISNEXIS ARTICLE:
Municipal Workers Retirement Fund v Kopanong Local Municipality
[2019] JOL 41706 (FB)________________________________________
Case Number: 5596 / 2018
Judgment Date: 27 / 03 / 2019
Country: South Africa
Jurisdiction: High Court
Division: Free State, Bloemfontein
Bench: PE Molitsoane J
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Keywords:
Civil Procedure – Leave to appeal – Requirements
Mini Summary:
Having obtained judgment against the respondent, the applicant caused a writ of execution to be issued, and the sheriff of the court proceeded to attach the respondent’s property. A sale in execution was arranged, prompting the respondent to bring an urgent application for the stay of the sale in execution in terms of Rule 45A.
In the present application, the applicant sought leave to appeal to the Full Court of the division, alternatively, the Supreme Court of Appeal against the whole of the judgment handed down by the present court.
Held that in terms of section 17(1) of the Superior Court’s Act 10 of 2013, leave to appeal may only be granted if the judge concerned is of the opinion that the appeal would have a reasonable prospects of success or if there is some compelling reason why leave should be granted; the decision sought on appeal does not fall within the ambit of section 16(2)(a) of the Act; and where the decision sought to be appealed does not dispose of all the issues in the case, the appeal would lead to a just and prompt resolution of the real issues between the parties.
In this case, the court was of the view that the applicant would have reasonable prospects of success on appeal. Leave to appeal was granted.