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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG

 

CASE NUMBER: 9333/2020

REPORTABLE: NO

OF INTEREST TO OTHER JUDGES: NO

REVISED:

 

In the application of:

 

GALLOPTIC TRADE & INVESTMENTS 15 (PTY) LTD            APPLICANT

 

And

 

GROENEWALD, DEON                                                             FIRST RESPONDENT

 

GROENEWALD, KOOS                                                             SECOND RESPONDENT

 

THE UNLAWFUL OCCUPIERS OF PORTION 17

OF THE FARM WELTEVREDEN NR 17                                   THIRD RESPONDENT

 

MOGALE CITY LOCAL MUNICIPALITY                                   FOURTH RESPONDENT

 

Coram: Wepener J

 

Date of hearing: 30 August 2022

 

Date of Judgment: 4 October 2022

This judgment is made an Order of Court by the Judge whose name is reflected herein, duly stamped by the Registrar of the Court and is submitted electronically to the Parties / their legal representatives by email. The judgment is further uploaded to the electronic file of this matter on Caselines by the Judge his secretary. The date of this Order is deemed to be 4 October 2022.

 

JUDGMENT

 

Wepener, J:

 

[1]        The applicants seek leave to appeal a judgment handed down by me on 20 April 2022. In the judgment I dealt with the point regarding notification that was given to the appellants. Despite the appellant’s counsel advising that if that point is found in the respondents favour, that it should be the end of the battle. There was some mention of aprobating and reprobating and the right to cancel whilst reprobating. I did not deal with this point in the judgment. Another court may find that the point is good.

[2]        In the circumstances I grant the applicants leave to appeal to the full court of this division.

[3]        The costs of the application are the costs in the appeal.

 

W.L. Wepener

Judge of the High Court of South Africa

 

Counsel for the Applicants:                                Adv R Bhima

 

Attorneys for the Applicants:                              Swanepoel van Zyl Attorneys

 

Counsel for the Respondents:                           JH van den B Lubbe

 

Attorneys for the Respondents:                         Crawford Legal Practitioners

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