South Africa: Western Cape High Court, Cape Town

IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NO: 10999/09

12393/09

DATE;28 MAART 2011

In the matter between:

ASLA DEVCO (PTY) LTD                                                                          Applicant

and

BITOU LOCAL MUNICIPALITY                                                                 Respondent

JUDGMENT

(Application for Leave to Appeal)

N C ERASMUS. J:

This is an application for leave to appeal against the judgment I handed down on 22 February 2011. Unfortunately, the file in this matter is missing, but I can stil recall the facts of the matter and what I had regard to as I prepared a lengthy judgment spanning some 18 pages.

I have considered the points raised by the applicants in the notice that was filed as well as the argument of Mr Kuschke this morning, i am of the view that there are no prospects of success of another court coming to a different conclusion, therefore LEAVE TO APPEAL IS REFUSED.

N C ERASMUS