South Africa: North Gauteng High Court, Pretoria

REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

01/11/2016

CASE NO: 20072/2014

MATEMANE, NIKWANE VINCENT                                                                              Applicant

And

NEDBANK LIMITED                                                                                                Respondent

JUDGMENT: APPLICATION FOR LEAVE TO APPEAL

AC SASSON, J

[1] This is an application for leave to appeal against the factual findings made by this court. I do not intend restating all the arguments as the same arguments were fully ventilated at the hearing of the matter. Suffice to point out that I have reconsidered all the submissions in light of my judgment.

[2] The test to be applied in applications for leave to appeal is regulated by section 17(1) of the Supreme Courts Act 10 of 2013:

"17 Leave to appeal

(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."

[3] The test for leave to appeal is twofold: Firstly, is there is reasonable prospect of the appeal succeeding [1] and, secondly, is this a case of substantial importance not only to the parties, but also to the public at large[2]

[4] I have considered the matter and I am not persuaded there is a reasonable prospect that another court may come to a different conclusion.

[5] In the event I make the following order:

The application for leave to appeal is dismissed with costs.

_____________________

AC BASSON

JUDGE OF THE HIGH COURT

Appearances:

For the appellant                                Adv BM Motshwane

Instructed by                                     Dale Attorneys c/o Seabi Attorneys

For the respondent                            Adv J Minnaar

Instructed by                                     DRSM Attorneys