South Africa: North Gauteng High Court, Pretoria

REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

CASE NO: 54704/2013

DATE: 14/3/2017

In the matter between:

JOHANNES VAN DEN HEEVER                                                                            Applicant

(In the application for leave to appeal)

and

LOUIS MARIUS TALJAARD N.O                                                                  1^st Respondent

CHEBO CHAZA N.O                                                                                     2^nd Respondent

JUDGMENT: Application for leave to appeal

AC BASSON,J

[1] The applicant brought an application for leave to appeal to the Supreme Court of Appeal against the judgment and order granted by this court on 12 December 2016.

[2] I have considered the grounds for leave to appeal and I am persuaded that an appeal would have reasonable prospects of success. I am likewise of the view that leave should be granted to the Supreme Court of Appeal in light of the questions of law pertinently raised in the judgment.

[3] The respondents attempted to move a counter-application for leave to  appeal from the bar in respect of a costs order granted in paragraph [55] of the judgment. In light of the fact that there is no proper counter-application I have declined to consider such an application.

[4] In the event the following order is made:

1.        Leave to appeal to the Supreme Court of Appeal is granted.

2.        Costs to be costs in the appeal.

________________________

AC BASSON

JUDGE OF THE HIGH COURT

Appearances:

For the applicant                     :             BC Stoop

Instructed by                           :             Kampherbreek Twine & Pogrund

                                                                      c/o Bernhard van der Hoven Attorneys

For the respondents               :             MP Van der Merwe (SC)

Instructed by                           :             Bosman Attorneys