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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

CASE NO:49408/2020

 

 

(1)           REPORTABLE: YES/NO

(2)           OF INTEREST TO OTHER JUDGES: NO

(3)           REVISED: NO

Date: 2 August 2023

E van der Schyff 

 

 

In the matter between:

LEON MARTHINUS DE LANGE                         FIRST APPLICANT

ALIDAFORCE (PTY) LTD                                    SECOND APPLICANT

and

HELIA ALETTA DE KLERK                                 RESPONDENT

JUDGMENT

Van der Schyff J

 

[1]          This is an application for leave to appeal against the judgment and order handed down on 2 May 2023.

 

[2]          Section 17 of the Superior Courts Act 10 of 2013 prescribes that leave to appeal may only be given if this court is of the opinion that the appeal would have a reasonable prospect of success or there is some other compelling reason.

 

[3]          I have considered the grounds upon which the application for leave to appeal has been brought and the arguments advanced by counsel. I also considered the reasons for granting the order that I did on 2 May 2023. I am of the view that there is neither a prospect of another court coming to a different conclusion nor any compelling reason that merits the granting of leave to appeal.

 

 

ORDER

In the result, the following order is granted:

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

 

____________________________

E van der Schyff

Judge of the High Court

 

Delivered:  This judgement is handed down electronically by uploading it to the electronic file of this matter on CaseLines. As a courtesy gesture, it will be sent to the parties/their legal representatives by email.

 

For the applicants:        Adv. A.S.L. Van Wyk

Instructed by:                DIXON ATTORNEYS           

For the respondent:        Adv. H.P. West

Instructed by:                  O’DONOHUE & MARAIS ATTORNEYS   

Date of the hearing:        26 June 2023 

Date of judgment:           2 August 2023

 

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