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IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

 

Case number: 21392/20

 

REPORTABLE: NO

OF INTEREST TO OTHER JUDGES: NO

REVISED. YES

1 JUNE 2022

 

In the matter between:

 

SANNAH SANKIE MOREBUDI                                                        First Applicant

JOSEPH MABUSEN MOREBUDI                                                    Second Applicant

NEO THANDO HOLDINGS (PTY) LTD                                             Third Applicant

 

and

 

BRAD BARKER                                                                                First Respondent

CHARLES LUYCKX                                                                          Second Respondent

ELLIOT MOBILITY (PTY) LTD                                                          Third Respondent

NEO THANDO ELLIOT MOBILITY (PTY) LTD                                 Fourth Respondent

 

NEUKIRCHER J:

1]         This is an application for leave to appeal against the judgment and order handed down on 19 April 2022 in which both the application and the counter-application were dismissed. There is no counter-application for leave to appeal.

 

2]         The reasons for the order are clearly set out in the judgment and are not repeated herein.

 

3]         The parties agreed that the application for leave to appeal could be decided on the papers and I afforded them an opportunity to file heads of argument, which they did. I have considered the application for leave to appeal as well as the heads of argument and I am of the view that the applicants have a reasonable prospect of success on appeal based on the grounds of appeal.

 

4]         As a result the order granted is the following:

1.       The applicants are granted leave to appeal to the Full Bench, Gauteng Division.

2.       Costs are costs in the appeal.

 

 

B NEUKIRCHER

JUDGE OF THE HIGH COURT

GAUTENG DIVISION, PRETORIA

 

Delivered: This judgment 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 1 JUNE 2022.

 

For the Plaintiff                    : Adv SK Hassim SC, with her Adv PA Venter

Instructed by                       : VZLR Inc

For the Defendants            : Adv M Nowitz

Instructed by                      : Nochumsohn & Teper Inc

Leave to appeal adjudicated on the papers

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