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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

 GAUTENG LOCAL DIVISION, JOHANNESBURG

CASE NO: 41211/2015

In the matter between:

MOBILE TELEPHONE NETWORKS (PTY)

LIMITED                                                                                                APPLICANT

AND

SMI TRADING CC                                                                            RESPONDENT

 

JUDGMENT

 

TWALA J

[1] This is an application for leave to appeal the judgment and order of this Court handed down on the 19^th of November 2019.

[2] The grounds of appeal are clearly listed in the notice of appeal and I need not repeat them in this judgment. I owe gratitude to both counsel for the heads of argument and the submissions made during the hearing of this application.

[3] Section 17 of the Superior Courts Act, 10 of 2013 provides as follows:

17. (1) Leave to appeal may only be given where the judge or judges concerned are of the opinion that –

(a) (i) the appeal would have a reasonable prospect of success; or

(ii) there is some other compelling reason why the appeal should be heard including conflicting judgments on the matter under consideration;

(b) the decision sought on appeal does not fall within the ambit of section 16(2)(a); and

(c) where the decision sought to be appealed does not dispose of all the issues in the case, the appeal would lead to a just and prompt resolution of the real issues between the parties.

(2) ……………………………..

[4] I have considered the heads of argument submitted by counsel and the submissions made. I am of the view that the judgment and order sought to be appealed against is interim and not final in nature. It is not dispositive of the whole matter nor is it dispositive of substantial issues in this case. I am of the respectful view therefore that this application has no merit and falls to be dismissed.

[5] In the circumstances, I make the following order:

The application for leave to appeal is dismissed with costs.

 

________________

TWALA M L

JUDGE OF THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION

 

 

Date of hearing: 06^th February 2020

Date of Judgment: 10^th February 2020

For the Applicant: Adv. M Basslain SC

Instructed by: Mashiane Moodley & Monama Inc

Tel: 011 303 7900

For the Respondent: Adv. G Kairinos SC

Instructed by: Eugene Marais Attorneys

Tel: 011 704 4831

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