South Africa: Eastern Cape High Court, Grahamstown Support SAFLII

You are here:  SAFLII >> Databases >> South Africa: Eastern Cape High Court, Grahamstown >> 2009 >> [2009] ZAECGHC 55

| Noteup | LawCite

KWC Plant Hire CC and Another v Ahier and Another (2672/2008) [2009] ZAECGHC 55 (20 August 2009)

Download original files

PDF format

RTF format


IN THE HIGH COURT OF SOUTH AFRICA

(EASTERN CAPE, GRAHAMSTOWN)

Case No: 2672/2008

In the matter between:

K W PLANT HIRE CC First Applicant

INKONKA CONSTRUCTION CC Second Applicant

and

T B C AHIER First Respondent

MEMBER OF THE EXECUTIVE COUNCIL

OF THE DEPARTMENT OF ROADS AND TRANSPORT

(EASTERN CAPE PROVINCE) Second Respondent


Coram: Chetty, J

Date Heard: 17 August 2009

Date Delivered: 20 August 2009

______________________________________________________________

JUDGMENT

______________________________________________________________

CHETTY, J


[1] This is an application for leave to appeal on a number of grounds which, in essence, constitutes the argument advanced before me at the hearing of the application. In my judgment dismissing the application, I fully considered the submissions advanced before concluding that there was no merit in the application. Generally speaking leave to appeal will only be granted when there is, inter alia, a reasonable prospect of success on appeal, the amount involved is not trifling or the matter is one of substantial importance to one or both of the parties. On the application of that test given the fact that the amount involved was considerable and the matter of substantial importance to the applicants it is only proper that the applicants be granted leave to appeal. Although there was some debate concerning the court to which leave be granted, I am of the view that the correct forum would be the Full Court. In the result the following order will issue –


1. The applicants are granted leave to appeal to the Full Court of this division.

2. The costs of the application for leave to appeal shall be costs in the appeal.





_________________________

D. CHETTY

JUDGE OF THE HIGH COURT







Obo the Applicants: Adv H.P Jeffries SC

Obo the Respondents: Adv R.G Buchanan SC / Adv G.H Bloem