The High Court in the Western Cape refused ML Fruits’ application for leave to appeal against a summary judgment granted in favour of ABL Farming. The judgment says the court was not persuaded that there were reasonable prospects of success or any other compelling reason for the appeal to be heard.
This appears to concern leave to appeal after summary judgment and the court’s treatment of a counterclaim and the Rule 32(3)(b) defence requirements.
Evidence from source
Summary : Application for leave to appeal – no reasonable prospects of success – no other compelling reason – application refused
Supports: plain summary: the application for leave to appeal was refused and the court found no reasonable prospects of success or other compelling reason
The application for leave to appeal is refused.
Supports: plain summary: the order refused leave to appeal
This case is a good example. If summary judgment had been refused nearly two years ago, and leave to defend had been granted, the trial would probably have been completed by now.
Supports: why it may matter: the judgment discusses leave to appeal after summary judgment