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November and Others v Road Accident Fund and Another (53493/2010) [2017] ZAGPPHC 424 (4 May 2017)

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IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

CASE NO: 53493/2010

DATE: 4/5/2017

In the matter between:

ME NOVEMBER                                                                                                First Plaintiff

NG NOVEMBER                                                                                           Second Plaintiff

NB NOVEMBER                                                                                                Third Plaintiff

NF NOVEMBER                                                                                             Fourth Plaintiff

and  

THE ROAD ACCIDENT FUND                                                                      First Defendant

MULLER & PARTNERS                                                                           Second Defendant

APPLICATION FOR LEAVE TO APPEAL JUDGMENT

Bagwa J

[1] This is an application for leave to appeal against my judgment handed down on 15 November 2016 in terms of which the special plea raised by the second defendant was upheld.

[2] I have considered the reasons advanced by the applicants for the application for leave and more particularly divergent decisions in the various Divisions regarding the jurisdiction  issue.  Mainly for that reason  I  have come to  the conclusion that:

2.1        There is a compelling reason that an appeal should be heard and the application is granted in terms of section 17 (1) (a) (ii) of the Superior Courts Act 10 of 2013 for leave to appeal to the Full Court of the Gauteng Division of the High Court, Pretoria.

2.2        Costs to be costs in the appeal.

_______________________

S. A. M.

JUDGE OF THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

Date of Hearing:           04 May 2017

Date of Judgment:        04 May 2017

For the Applicant:         Advocate J. O. Williams SC

Instructed by:               Marais Basson Attorneys

For the Respondents:  Advocate R. Strydom

Instructed by:               Muller & Partners