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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG

 

Case No: 21/18466

REPORTABLE: NO

OF INTEREST TO OTHER JUDGES: NO

REVISED.

01/09/2022

 

In the matter between:

 

NICOLA FELLOWES                                                            Applicant

 

and

 

LILIAN SAIDE EL HAGE N.O                                             First Respondent

 

IPROTECT TRUSTEES (PTY)LTD N.O                               Second Respondent

 

FRANK MACARTNEY                                                          Third Respondent

 

JUDGEMENT

 

Daniels AJ

 

1.            In arriving at my conclusions and making the order in the main action, I took into account, amongst other things, the principles of fairness, equity and the interests of justice for both parties.

 

2.            In my view, the applicants in this application for leave to appeal have reasonable prospects of success on appeal.

 

3.            The case does not need the attention of the Supreme Court of Appeal.

 

ORDER

1.         The applicants in this application for leave to appeal are granted leave to appeal.

2.         Leave is to the Full Court of the Gauteng Local Division, Johannesburg.

3.         Costs are to be costs in the appeal.

E. DANIELS

ACTING JUDGE OF THE HIGH COURT

GAUTENG LOCAL DIVISION, JOHANNESBURG

 

Delivered: This judgement was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to the Parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines. The date for hand-down is deemed to be 01 September 2022.

 

Date of hearing: 01/09/2022

Date of Judgement: 01/09/2022

 

APPEARANCES:

 

Applicant: Adv H.F Geyer (standing in for Adv Roos)

Instructed by: Roos Van Dyk Attorneys

 

Respondent: Adv D.J Erasmus

Instructed by: Macartney Attorneys

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