University of Mpumalanga v Magma Masemola Attorneys Incorporated and Another (008531/2022) [2023] ZAGPJHC 906 (14 August 2023)

40 Reportability
Civil Procedure

Brief Summary

Appeal — Leave to appeal — Application for leave to appeal limited to costs order — Applicant contending specific portion of costs should be borne by each party or solely by the respondent — Court finding the issue too limited to warrant further consideration by a higher court — Application for leave to appeal dismissed with costs.

About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: South Gauteng High Court, Johannesburg
SAFLII
>>
Databases
>>
South Africa: South Gauteng High Court, Johannesburg
>>
2023
>>
[2023] ZAGPJHC 906
|

|

University of Mpumalanga v Magma Masemola Attorneys Incorporated and Another (008531/2022) [2023] ZAGPJHC 906 (14 August 2023)

IN THE HIGH COURT
OF SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO
:  008531/2022
DATE
:
23-05-2023
NOT REPORTABLE
NOT OF INTEREST TO OTHER
JUDGES
REVISED
In the matter between
UNIVERSITY
OF MPUMALANGA
Applicant
and
MAGMA MASEMOLA
ATTORNEYS INCORPORATED
First
Respondent
LILLIANE EFTHMIADES
Second
Respondent
J U D G M E N T
LEAVE TO APPEAL
WEPENER,
J
:   This is an application
for leave to appeal.  It is directed at the costs order only and
further it is limited
that it is directed at a portion of the cost
order only.
The
argument is that a certain portion of the costs should either have
been paid by each party or by the respondent.  That
further
limits the issue that the applicant wishes to take on appeal.
Such
an issue is extremely limited and, in my view, does not warrant the
attention and further costs in this matter.  It does
not warrant
the attention of a higher court nor the further incurrence of costs
in this matter.
If one
has regard to the outcome of the matter, I believe that the costs
order was appropriately included therein.
I am
not convinced that another court will come to a different conclusion
on this extremely limited issue.
The
application for leave to appeal is dismissed with costs.
- - - - - - - - - -
- -
WEPENER, J
JUDGE OF THE HIGH COURT
DATE
:
14/08/23
I wish to record that
this judgment was only received by my secretary for editing purposes
on the 14th August 2023 at 13:26 and
my office did not receive any
enquiry regarding this judgment on the application for leave to
appeal prior to today.