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Hamsa Consulting Engineers (Pty) Ltd v Sigodi Marah Martin Management Support (Pty) Ltd (32290/2020) [2023] ZAGPPHC 1187 (22 September 2023)

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IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

 

Case No. 32290/2020

(1)  REPORTABLE: YES/NO

(2)  OF INTEREST TO OTHER JUDGES:  YES/NO

(3)  REVISED NO

DATE: 22 September 2023

SIGNATURE:

In the matter between:

 

 

 

HAMSA CONSULTING ENGINEERS (PTY) LTD

 

PLAINTIFF/RESPONDENT

 

 

And

 

 

 

SIGODI MARAH MARTIN

MANAGEMENT SUPPORT (PTY) LTD

 

DEFENDANT/APPLICANT

 


Coram:          

Millar J 

 

Heard on:      

 22 September 2023

 

Delivered:  

22 September 2023 - This judgment was handed down electronically by circulation to the parties' representatives by email, by being uploaded to the CaseLines system of the GD and by release to SAFLII. The date and time for hand-down is deemed to be 10H00 on 22 September 2023.

 

 

ORDER

It is Ordered:

 

[1]      The application for leave to appeal is dismissed with costs.

 

 

JUDGMENT

 

MILLAR  J

 

[1]             This is an application for leave to appeal by the defendant against a judgment and order handed down by me on 29 August 2023.

 

[2]             I have considered the reasons given by me for the judgment  as well as the grounds upon which the application for leave to appeal has been advanced. I have also considered the arguments advanced both in support and against the granting of leave.

 

[3]             I am not persuaded that another court would come to a different conclusion or that there is any other compelling reason why leave to appeal ought to be granted.

 

[4]             In the circumstances, I make the following order:

 

[4.1]         The application for leave to appeal is dismissed with costs.

 

 

A MILLAR

 JUDGE OF THE HIGH COURT

GAUTENG DIVISION, PRETORIA

 

HEARD ON:

22 SEPTEMBER 2023

JUDGMENT DELIVERED ON:

22 SEPTEMBER 2023

PLAINTIFF/RESPONDENT


COUNSEL:

ADV. M Z SULEMAN

INSTRUCTED BY:

LARSON FALCONER HASSAN PARSEE INC

REFERENCE:

22/H361/036

DEFENDANT/APPLICANT


COUNSEL:

ADV. A B ROSSOUW SC

INSTRUCTED BY:

CARI DU TOIT INC ATTORNEYS

REFERENCE:

C DU TOIT/SIG1/0064