IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)
CASE NUMBER: A420/2010
DATE: 1 APRIL 2011
In the matter between: 

and

JUDGMENT

The respondents in the appeal, which was heard by us on 25 February 2011, now apply for leave to appeal to the Supreme Court of Appeal against our judgment which held that summary judgment was incorrectly given against the second appellant, who was the third defendant in the Magistrate's Court, and which judgment set that summary judgment aside with leave being granted to the second appellant to defend the action in the Magistrate's court. I shall continue to refer to the parties as they were in the appeal.

The first question is whether our judgment is in fact appealable given that no final judgment has been made in the lis between the respondents and the second appellant in the Magistrate's Court. The answer appears to be that a right of appeal does lie since this court's order had the effect of a final judgment in that it reversed what was the final judgment in favour of the respondents in the Magistrate's Court.

The remaining question is whether the appellants have reasonable prospects of success in an appeal to the Supreme

In the result, I would refuse the application for leave to appeal with costs.

/bw