South Africa: Western Cape High Court, Cape Town

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[2008] ZAWCHC 94
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Brown and Another v Papadakis NO and Another (13420/2007) [2008] ZAWCHC 94 (12 December 2008)
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IN THE HIGH COURT OF SOUTH AFRICA
(CAPE OF GOOD HOPE PROVINCIAL DIVISION)
CASE NO: 13420/2007
DATE: 12 DECEMBER 2008
In the matter between:
JOSEPH ARTHUR WALTER BROWN 1st Applicant
SUSAN JENNIFER BROWN 2nd Applicant
and
GEORGE PAPADAKIS N.O. 1st Respondent
DINES CHANDRA MANUAL GIHWALA N.O. 2nd Respondent
JUDGMENT
(Application for Leave to Appeal)
TRAVERSO.AJP
This is an application for leave to appeal against a judgment which I handed down on 5 November 2008. The grounds upon which the leave is being sought are set out fully in the notice of application for leave to appeal. The matter was argued fully before me, no new arguments were placed before me, it was basically just a rehash of the argument that was addressed to the court in the first instance.
In my view there is no merit in the application. There is no reasonable prospect of another Court coming to a different conclusion. In the circumstances the APPLICATION FOR LEAVE TO APPEAL IS DISMISSED WITH COSTS.
TRAVERSO, A J P