Introduction
If you are considering making an application for leave to appeal in a High Court matter, use the template below as a starting point to draft your papers.
Please note that this template is provided for informational purposes only and should be adapted to your specific circumstances.
If you require professional assistance in preparing your application or representation in court, you can contact Advocate Muhammad Abduroaf, an experienced legal practitioner in family law matters.
APPLICATION FOR LEAVE TO APPEAL TEMPLATE
IN THE HIGH COURT OF SOUTH AFRICA
[DIVISION NAME], [CITY]
Case No.: [Insert Case Number]
In the matter between:
[FULL NAME OF APPLICANT] (Applicant)
and
[FULL NAME OF FIRST RESPONDENT] (First Respondent)
and
[FULL NAME OF SECOND RESPONDENT] (Second Respondent)
APPLICANT’S APPLICATION FOR LEAVE TO APPEAL
BE PLEASED TO TAKE NOTICE that the abovementioned Applicant intends to make Application, on a date and time to be arranged with the Registrar, for leave to appeal to the Full Bench, alternatively the Supreme Court of Appeal, against the entire Judgment, handed down by the Honourable Justice [Insert Judge’s Name], on [Insert Date], wherein it was ordered as follows:
- The Applicant’s Application is dismissed; and
- Each party is ordered to pay his or her own costs.
KINDLY TAKE FURTHER NOTICE that the grounds of appeal are as follows:
- The above Honourable Court, with respect, erred in finding that “[Insert Quoted Finding]”, where in fact [Insert Applicant’s Argument].
- The above Honourable Court, with respect, erred in finding that “[Insert Quoted Finding]”, where [Insert Applicant’s Argument].
- The above Honourable Court, with respect, erred in finding that “[Insert Quoted Finding]”, where in the circumstances, [Insert Applicant’s Argument].
- [Continue listing grounds of appeal as needed, using placeholders for details].
THEREFORE, on the above grounds, the Applicant contends that the proposed appeal has reasonable prospects of success, its subject matter is of public importance, and it raises important points of law which warrant consideration by a higher Court. In the premises, it is in the interest of justice that an appeal be allowed, as contemplated in section 17(1)(a)(i) and (ii) of the Superior Courts Act 10 of 2013.
DATED AND SIGNED AT [CITY] ON THIS [DAY] DAY OF [MONTH] [YEAR].
[Insert Legal Practitioner’s Name]
(Attorneys for the Applicant)
Email: [Insert Email Address]
Tel.: [Insert Telephone Number]
Address: [Insert Address]
To:
THE REGISTRAR
High Court
[Insert City]
And to:
[Insert Attorneys for First Respondent]
Email: [Insert Email Address]
And to:
[Insert Second Respondent Name]
Address: [Insert Address]
Email: [Insert Email Address]
