South Africa: South Gauteng High Court, Johannesburg

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[2023] ZAGPJHC 742
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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 083 645 7014 |
Instructed by |
Jacques Classen Inc 072 432 96890 |
RESPONDENTS in the main application |
Adv E Sithole |
Instructed by |
Madlhopa & Thenga Attorneys 011 442 9045 |