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Idola (Pty) Ltd and Another v City Of Johannesburg Metropolitan Municipality and Others (Leave to Appeal) (047352-2023) [2023] ZAGPJHC 742 (23 June 2023)

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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG

  

  CASE NO: 047352-2023

NOT REPORTABLE

NOT OF INTEREST TO OTHER JUDGES

REVISED

In the matter between:


IDOLA (PTY) LTD

1st RESPONDENT in the application for leave to appeal


TWIN CITY REALTY (Pty) LTD

2nd RESPONDENT in the application for leave to appeal


and




THE CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY


 1ST APPLICANT

THE MUNICIPAL MANAGER OF THE CITY OF  JOHANNESBURG METROPOLITAN MUNICIPALITY


2ND    APPLICANT

JOHANNESBURG WATER (SOC)  


3RD   APPLICANT

CITY POWER (SOC)

4TH APPLICANT 


  APPLICATION FOR LEAVE TO APPEAL - JUDGMENT

WRIGHT J

1. The applicants in the main application, Idola and Twin City Realty sought urgent relief against the City and related respondents on 25 May 2023. In short, the restoration of municipal services and related relief was sought. During argument, counsel for Idola and Twin City Realty trimmed substantially the relief sought on an urgent basis. I granted a limited interim order in favour of Idola and Twin City Realty, providing for the restoration of services against payment.  A typed, signed judgment was handed down on the same day. This judgment is to be read with that judgment.

 

2. The City and related respondents in the main application apply now for leave to appeal my order.


3. In my view, there is a reasonable prospect on appeal including on the question of appealability.

 

ORDER

1. The applicants for leave to appeal are granted leave to appeal the order of Wright J of 25 May 2023.

2. Leave to is to a full court of the Gauteng Division, Johannesburg.

3. Costs in the appeal.


GC Wright

Judge of the High Court

Gauteng Division, Johannesburg

HEARD  :  23 June 2023


DELIVERED   :  23 June 2023


APPEARANCES :


APPLICANTS in the main application

Adv N Nortje

nadia@clubadvocates.co.za

083 645 7014

Instructed by

Jacques Classen Inc

072 432 96890

RESPONDENTS in the main application

Adv E Sithole

 esithole@law.co.za

Instructed by

Madlhopa & Thenga Attorneys

011 442 9045

hugo@madhlopathenga.co.za