Griffioen v Griffioen and Others (Leave to Appeal) (2025/039891) [2025] ZAGPPHC 656 (24 June 2025)

30 Reportability
Civil Procedure

Brief Summary

Appeal — Application for leave to appeal — Dismissal for lack of urgency and locus standi — Applicant sought leave to appeal against a decision dismissing an urgent application — Court found no reasonable prospect of success for another court to reach a different conclusion — Application for leave to appeal dismissed with costs on Scale B.

REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
{GAUTENG DIVISION, PRETORIA)
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: YES
24June 2025
DATE SIGNATURE 1
CASE NO: 2025/039891
In the matter between:
ANITA GRIFFIOEN
and
JOHANNES GRIFFIOEN
HEINRICH OLIVIER
ALAN JORDAAN N. 0.
OTTO KRAUSE ATTORNEYS Applicant/ Appellant
1 st Respondent
2nd Respondent
3rd Respondent
4th Respondent
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
2
(The matter was heard in open court on 1 April 2025 in the Urgent Court. The
application was dismissed for lack of urgency and lack of locus standi. Written
reasons for the extempore judgment were handed down on 23 April 2025. The
application for leave to appeal was heard in open court on 13 June 2025 and
judgment is handed down by uploading thereof onto the electronic file of the
matter on CaseLines. The date of uploading onto CaseLines is deemed to be the
date of the judgment).
BEFORE: HOLIAND-MUTER J:
[1] Having heard counsel for the parties and perusing the pleadings and heads
of arguments uploaded onto Caselines, and considering the provisions of
Section 17(1) (a) (i) & (ii) of the Superior Court Act 10 of 2013, I am satisfied
that there is no reasonable prospect of success that another court would come
to another decision; of that there are some other compelling reasons why the
appeal should be heard.
[2] There is nothing further to add to the extempore judgment and the written
reasons furnished.
[3] The application for leave to appeal is dismissed with costs, costs to be on
Scale B as contained in Rule 69(7) of the Uniform Rules of Court.
HOLLAND-MUTER J
Judge of the Pretoria High Court
24 June 202
Counsel for the Applicant:
Adv C Barreiro
Counsel for Second Respondent:
Adv W C Carstens
Counsel for Fourth Respondent
Adv C B Garvey 3