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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG

 

CASE NUMBER: 2015/07148

 

REPORTABLE: NO

OF INTEREST TO OTHER JUDGES: NO

REVISED

 

In the matter between:

 

ZURICH INSURANCE COMPANY

SOUTH AFRICA LIMITED                                                                                    Applicant

 

And

 

GAUTENG PROVINCIAL GOVERNMENT                                                          Respondent

 

Coram: Wepener J

Date of hearing: 15 June 2021

Date of judgment: 15 June 2021

 

JUDGMENT

 

Wepener, J:

[1]        The applicant seeks leave to appeal a judgment delivered by me on 2 March 2021. The notice of application for leave to appeal sets out a large number of issues. These were reduced to three during argument namely: that the order issued by me is incapable of practical enforcement and secondly; that the claim had become prescribed and thirdly; that the rock surrounding the tunnel, although part of the works, did not form part of the property insured.

 

[2]        The respondent’s resisted all three grounds. However, I am of the view that another court may, reasonably, come to a different conclusion on these three issues.

 

[3]        I consequently grant leave to appeal to the Supreme Court of Appeal on the following issues:

 

1.         Whether the order issued by this court is capable of practical enforcement;

2.         Whether the respondent’s claim had become prescribed;

3.         Whether the rock surrounding the void formed part of the property insured.

 

[4]        I order that the applicant is to ensure that the record of appeal is suitably truncated in order to omit those parts of the record that will not have a bearing on the issues to be considered by the Supreme Court of Appeal.

 

[5]        The Costs of the application for leave to appeal are to be costs in the appeal.

 

 

W.L. Wepener

Judge of the High Court of South Africa

 

Appearances

 

Counsel for the Applicant: C.D.A. Loxton SC with D. Smith

Attorney for Applicant: Knowles Husain Lindsey Incorporated Ref: Mr. P. Ferreira

Counsel for the Respondent: A. Subel SC with A.C. Botha SC

Attorney for the Respondent: Werksmans Attorneys Ref: Mr. D. Willans

 

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