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SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

 

REPUBLIC OF SOUTH AFRICA

THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

CASE NUMBER: 42362/2021

 (1)      REPORTABLE:                                            YES/NO

(2)       OF INTEREST TO OTHER JUDGES: YES/NO

(3)       REVISED:

DATE 9 APRIL 2024.

 SIGNATURE

In the matter between:

 

A[...] M[...]                                                                                                           APPLICANT

 

 and 

 

 H[...] M[...]                                                                                          FIRST RESPONDENT

 

H[...] M[...] N.O.                                                                            SECOND RESPONDENT

(In his capacity as trustee of the 

Akkedis Trust:  I[...])

 

A[...] M[...] N.O.                                                                                  THIRD RESPONDENT

(In her capacity as trustee of the 

Akkedis Trust:  I[...])

 

THE STANDARD BANK OF SOUTH

 AFRICA                                                                                         FOURTH RESPONDENT

 

THE MASTER OF THE HIGH

COURT                                                                                               FIFTH RESPONDENT

 

JUDGMENT FOR LEAVE TO APPEAL

BOKAKO AJ

 Delivered:    This judgment was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to Parties / their legal representatives by email and by uploading it to the electronic file of this matter on Case Lines. The date of the judgment is deemed to be 9 April 2024.

 

INTRODUCTION

1.    This is an application for leave to appeal the judgment and order of this Court handed down on 31 August 2023. In that judgment, this court upheld the first to the sixth ground of exception. The applicant seeks to challenge that order before the SCA or, alternatively, a full bench. The respondents opposed the application.

 

2.            It is a trite principle of our law that leave to appeal may only be given where the Judge or Judges concerned believe that the appeal would have a reasonable prospect of success or where there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under consideration. (See section 17 (1)(a)(i) and (ii) of the Superior Courts Act, 10 of 2013).

 

3.    The grounds for the leave to appeal are succinctly stated in the notice of application for leave to appeal, and I do not intend to restate them in this judgment. Furthermore, I would like to extend my gratitude and appreciation to both counsels for the submissions made in their heads of argument and at the hearing of this application.

 

4.    I believe that I have considered all the issues raised in this application for leave to appeal in my judgment. I am therefore persuaded that another Court may come to a different conclusion in this case. Put in another way, I am of the considered view that there are reasonable prospects of success in this appeal. Therefore, the application for leave to appeal is granted.

 

5.    In the circumstances, I make the following order:

 

1.    The application for leave to appeal to the full bench of this Division against the judgment and order of 31 August 2023 is granted.

 

2.    Costs of the application for leave to appeal are costs in the appeal.

 

T BOKAKO

Acting Judge of the High Court

Gauteng Local Division, Pretoria

 

APPEARANCES

Counsel for the Applicant	Adv Nicole Hartman
	Schoeman Attorneys 083 728 0444
	Email: schoemanattorneys@gmail.com
	Ref: A Schoeman/A0465
Counsel for the 1st and 2nd Respondent	Adv Collin Garvey
Attorneys for the First and Second Defendants:	Otto Krause Incorporated 011 675 2881
	info@ottokrause.co.za Reference: Otto Krause/
	ADS/MAT2969
Date of Hearing:	26 February 2024
Date of Judgment:	9 April 2024

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