This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The High Court dealt with an application for leave to appeal in a matter about a foreclosure order and special executability of immovable property. The court said the threshold in section 17(1)(a)(i) of the Superior Courts Act is higher and granted leave to appeal to the Full Court. The application to adduce further evidence was dismissed with costs.
This may be relevant to property, foreclosure and appellate procedure matters.
Evidence from source
Summary: Application for leave to appeal – s 17(1)(a)(i) of the Superior Courts Act 10 of 2013 – an applicant now faces a higher and a more stringent threshold
Supports: The matter concerned the leave to appeal threshold.
another court may find that the court a quo misapplied the proportionality principle in foreclosure application – therefore, applicant has reasonable prospects of success on appeal – Leave to appeal granted
Supports: The court granted leave to appeal and referred to proportionality in a foreclosure application.
The first respondent’s application to adduce further evidence be and is hereby dismissed with costs.
Supports: The application to adduce further evidence was dismissed with costs.