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The Land Agruiculture Development Bank of SA t/a Landbank vs Twee Jonge Gezellen (Pty) Ltd and Others (19694/2008) [2010] ZAWCHC 374 (25 March 2010)

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IN THE HIGH COURT OF SOUTH AFRICA


(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NUMBER: 19694/2008

DATE: 25 MARCH 2010

In the matter between:


THE LAND AGRICULTURAL DEVELOPMENT

BANK OF S A t/a LANDBANK ….......................................................Applicant

and

1. TWEE JONGE GEZELLEN (PTY) LTD …...........................1st Respondent

2. NICOLAS CHARLES KRONE …........................................2nd Respondent

3. MINISTER OF JUSTICE & CONSTITUTIONAL

DEVELOPMENT ….................................................................3rd Respondent




JUDGMENT


Application for Leave to Appeal




DESAI, J:



This is an application for leave to appeal to the Supreme Court of Appeal, alternatively to a full bench of this court, against the whole of my judgment. When this matter was initially argued before me, Counsel then appearing for the 1st and 2nd respondents resisted the grant of provisional sentence on several grounds, including a wide ranging attack upon the constitutionality of the provisional sentence procedure.



Counsel now appearing for the said respondents has, in effect, abandoned most of the defences advanced by his predecessor. He seeks leave to appeal only on the limited basis set out in the final paragraph of the respondents' application for leave to appeal. For the reasons set out in my judgment, I am of the view that there are no reasonable prospects of another Court coming to a different conclusion, not even on the limited basis now being suggested by defendants' counsel.



In the result the application for leave to appeal is dismissed with costs.



DESAI, J