South Africa: Eastern Cape High Court, Grahamstown

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[2019] ZAECGHC 129
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Jennings v Cotterel N.O and Others (5091/2017) [2019] ZAECGHC 129 (17 December 2019)
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IN THE HIGH COURT OF SOUTH AFRICA
(EASTERN CAPE DIVISION, GRAHAMSTOWN)
CASE NO.: 5091/2017
In the matter between:
THABO JENNINGS APPLICANT
And
COTTEREL N.O. FIRST RESPONDENT
RUSSEL IAN GRIGG N.O. SECOND RESPONDENT
ANITA BHIKA N.O. THIRD RESPONDENT
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
SMITH J:
[1] The applicant, who was the respondent in the main application, seeks leave to appeal against my judgment delivered on 24 October 2019.
[2] The application is based on various grounds which I do not intend to traverse here. Suffice it to say that the main thrust of the applicant’s criticism against my findings is that I have erred in holding that the averments put up by him did not raise bona fide disputes of fact.
[3] I have given extensive reasons in my judgment for that finding and do not intend to repeat them. Suffice it to say that the applicant’s assertions regarding payment and passing of ownership were wholly insufficient to defeat the respondents’ claim based on the rei vindicatio. The allegations put up by him also did not raise any genuine and bona fide disputes regarding the core issue which fell for decision; namely whether the respondents had established all the requisites for vindicatory relief on a balance of probabilities.
[4] I do not believe that there are any prospects of another court finding differently. In the result the following order issues:
The application for leave to appeal is dismissed with costs.
__________________________
J.E SMITH
JUDGE OF THE HIGH COURT
Appearances
Counsel for the Applicant : Adv. Miller
Attorneys for the Applicant : Netteltons Attorneys
118A High Street
Grahamstown
6139
Counsel for the Respondents : Adv. Watt
Attorneys for the Respondents : Whitesides Attorneys
53 African Street
Grahamstown
6139
Date Heard : 12/12/2019
Date Delivered : 17/12/2019