- Flynote
- CL|Civil Appeal Procedure|Special Leave to Appeal|Public Or General Importance|Conveyance
- Case summary
- The court considered an application where the applicant argued that the Court of Appeal, in an earlier judgment in the same case, erroneously misconstrued s 272 of the Succession Act. The court held that an appeal could be re-heard if the matter is of great public importance. The court confirmed that great public importance and general importance depends on the facts and circumstances and may vary from case-to-case. The guidelines for what would constitute public or general importance in certain cases are statements of law which affect (1) a considerable number of people in their commercial practice; (2) enjoyment of fundamental rights; (3) the proper functioning of public institutions; (4) the court’s scope to dispense redress; or (4) the discharge of duties of public officers. If an appeal meets one of the criteria constituting public or general importance, the court will be permitted to re-hear an appeal on its merits. The court in this case held that this case raised a question of law of general importance and could be reheard.
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