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Jacolco (Pty) Ltd and Others v Bryer (36906/2017) [2019] ZAGPJHC 103 (29 March 2019)

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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG

CASE NO: 36906/2017

In the matter between:

JACOLCO (PTY) LTD                                                                                     First Applicant

DOUGLAS MUNTHALI                                                                              Second Applicant

EUNICE KASOKA                                                                                          Third Applicant

CHARLES PICKFORD THOLE                                                                   Fourth Applicant

and

ERIC BRYER                                                                                                      Respondent


J U D G M E N T ON APPLICATION FOR LEAVE TO APPEAL

 

MODIBA, J:

[1] This is an application for leave to appeal the judgment handed down on 8 June 2018 for the payment of the amount of R220, 000 by the respondent to the first applicant and other ancillary relief.

[2] I have considered the grounds for appeal as set the respondent’s notice of appeal as well as submissions by counsel for the parties. I stand by my reasons for judgment as set out in the judgment handed down in this matter.  I am of the opinion that none of the grounds set out in section 17 of the Superior Courts Act exist, justifying the success of this application.

[3] In the premises, the application stands to be dismissed with costs.

[4] I therefore propose the following order:

 

ORDER

1. The application for leave to appeal is dismissed with costs.



______________________

   MADAM JUSTICE L T MODIBA

                                                               JUDGE OF THE HIGH COURT

                                                GAUTENG LOCAL DIVISION, JOHANNESBURG

 

 

APPEARENCES:

Applicants’ Counsel: Mr RJ Groennewald

Instructed by: Fluxmans INC

Respondent’s Counsel: Mr S Chitando

Instructed by: Dempster Mckinnoni Incorporated

Date heard: 26 March 2019

Judgment delivered: 29 March 2019