IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
      
         CASE NO: 2023-025384
NOT REPORTABLE
NOT OF INTEREST TO OTHER JUDGES
REVISED
18.09.23

In the matter between:
LENDTECH INVESTMENT HOLDINGS PRIVATE LIMTED		     APPLICANT        
and 
IMS TECH CORP LIMITED		       1ST RESPONDENT

IMS VENTURES (PTY) LTD		      2ND RESPONDENT

IMS VENTURES DIGITAL (PTY) LTD		      3RD RESPONDENT

MOBI SYSTEMS SOLUTIONS (PTY) LTD	                4TH RESPONDENT

TELKOM SA SOC LIMITED		      5TH RESPONDENT

MTN GROUP LIMITED		      6TH RESPONDENT

MOBILE TELEPHONE NETWORKS (PTY) LTD		      7TH RESPONDENT

JUDGMENT – APPLICATION FOR LEAVE TO APPEAL

WRIGHT J 
1.	On 6 June 2023 I handed down a typed, signed judgment in the main application. This judgment is to be read with that judgment.
2.	Lendtech now seeks leave to appeal my order of 6 June 2023.
3.	In my view and with the provisions of section 17(1)(a)(i) of the Superior Courts Act 10 of 2013 in mind the applicant, Lendtech has no reasonable prospect on appeal and under section 17(1)(a)(ii) there is no other compelling reason why leave to appeal should be granted.
4.	The respondents sought dismissal of this application with costs on a punitive scale. The arguments are that this application, like that before me originally, is hopeless and there has been a change of tack in argument on appeal.
5.	I would not go so far as to find that the present application is dishonest just because there is a change in argument. Taking perhaps a somewhat lenient view of the applicant’s case now, ordinary costs suffice in the present application.

ORDER
1.	The application is dismissed with costs, including those of two counsel where so employed.

___________________
GC Wright 
Judge of the High Court 
Gauteng Division, Johannesburg

HEARD		:      18 September 2023
DELIVERED		:      18 September 2023
APPEARANCES    :
APPLICANT		Adv Anthonie Jansen Van Vuuren SC
			vanv@law.co.za 	
Instructed by	KapdiTwala Inc t/a Vanessa Jacklin-Levin and Kirith Haria
Vanessa.jacklinlevin@dentons.com / Kirith.haria@dentons.com / Johannesburg.litigations.com      
1st to 4th RESPONDENTS  
			Adv Alfred Cockrell SC
			Adv Luke Kelly
			Jeremy@gauntlett.co.za
                                 Luke.kelly@capebar.co.za
Instructed by	CMS Attorney
siphokazi.kayana@cms-rm.com
nomfundo.m-jackson@cms-rm.com
5th RESPONDENT	Adv Nazeer Cassim SC
			Adv Yakoob Alli
			Ncassim@law.co.za
                                Alli@counsel.co.za
Instructed by	Webber Wentzel Attorneys 
Priyesh.daya@webberwentzel.com  martin.hattingh@webberwentzel.com 
6th and 7th RESPONDENTS
			Adv Dennis Fine SC
                                Adv Makhotso Lengane
                                Dennis@counsel.co.za
                                Lengane@group621.co.za            
Instructed by	Werksmans Attorneys
			Cmanaka@werksmans.com 
			abilatyi@werksmans.com 
			krapoo@werksmans.com