IN GAUTENG SOUTH HIGH COURT OF SOUTH AFRICA

JOHANNESBURG

CASE NO: A3048/08

DATE: 10/11/2009

In the matter between

ANDREW SWART CRAWFORD............................................1^st Applicant

JOANNE CRAWFORD..........................................................2^nd Applicant

and

JARMILLA LOGIE ASSOCIATES...........................................Respondent

_________________________________________________________

J U D G M E N T

_________________________________________________________

WILLIS J:

This is an application for leave to appeal against the order which Matojane AJ and I made on 16 July 2009, in terms of which we dismissed an application for condonation for the appellant’s failure to comply with Rule 50 of the High Court rules in relation to the prosecution of an appeal. The application was dismissed with costs.

The judgment of the learned magistrate in respect of which condonation for leave to appeal was made was granted on 7 September 2006. The claim arose in December 2003. Matojane AJ is not available to hear this application for leave to appeal. In his absence the depute judge president appointed my brother, Maluleke J.

I am satisfied that there are no reasonable prospects of success in an appeal against the application for condonation. I propose that the following order be made. The application for leave to appeal is dismissed with costs.

MALULEKE J: I agree.

WILLIS J: It is so ordered.