REPUBLIC OF SOUTH AFRICA
          
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
COMMERCIAL COURT

					                                                 CASE NO: 48438/2011

(1)	NOT REPORTABLE
(2)	NOT OF INTEREST TO OTHER JUDGES

       25 June 2020		              

In the matter between: 
SHENAAZ VE DE VILLIERS  		Applicant/ Plaintiff
 and
 ZAAIBOONISHA JONES 			First Respondent/ First Defendant
REGISTRAR OF DEEDS 			Second Respondent/ Second Defendant

JUDGMENT IN THE APPLICATION FOR LEAVE TO APPEAL

MODIBA J: 
[1]	The applicant, who was the plaintiff in the action (De Villiers), has applied for leave to appeal the judgment and order that I handed down on 18 May 2020. The First Respondent, who was the First Defendant in the action (Jones), is the only respondent opposing the application.

[2]	De Villiers relies on section 17(1)(a)(i) of the Superior Courts Act 10 of 2013. It provides: 
“(1) Leave to appeal may only be given where the judge or judges concerned are of the opinion that-
(a)   (i)   the appeal would have a reasonable prospect of success;”

[3]	It has become trite that this provision only allows leave to appeal to be granted where the applicant establishes that another court would arrive at different findings and order from that rendered in the judgment appealed against.

[4]	De Villiers has set out her grounds of appeal in detail. Jones contends that there are no prospects that another court would come to a different conclusion on these issues. 

[5]	I have considered the grounds for appeal as set out in De Villiers’ notice of appeal as well as submissions by counsel for the parties. I stand by my reasons for judgment as set out in the judgment handed down in this matter.  

[6]	I find that De Villiers fails to meet the threshold referred to above.
 
[7]	In the premises, the following order is made:

ORDER
 
1.	The application for leave to appeal is dismissed with costs, which costs shall include the costs of two counsel where so employed.
 
______________________________
MS L T MODIBA
                            		JUDGE OF THE HIGH COURT
APPEARANCES:
Counsel for the Plaintiff: 			Advocate P Springveldt
Instructed by:				G.W. Mashele Attorneys 
Counsel for the First Defendant: 	Advocate EL Theron SC 
		           			Advocate T Steyn 
Instructed by: 				Klopper Jonker Inc.	
Date of Judgment: 			25 June 2020