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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

 

CASE NO: 133934/2023

(1)      REPORTABLE:   NO

(2)      OF INTEREST TO OTHER JUDGES: NO

(3)      REVISED: YES

DATE 24 February 2025

SIGNATURE

 

In the matter between:

URBAN GROWTH INVESTMENTS (PTY) LTD                         Appellant/Applicant

 

and

 

MESH VC (PTY) LTD                                                                              Respondent

 

JUDGMENT: APPLICATION FOR LEAVE TO APPEAL

 

(The matter was heard in open court on 21 February 2025 but judgment was reserved. Judgment will be handed down by uploading the judgment onto the electronic file of the matter on CaseLines. The date of uploading of the judgment onto CaseLines is deemed to be the date of the judgment)

 

BEFORE: HOLLAND-MUTER J

 

[1] The position of when leave to appeal may be given is governed by the provisions of Section 17(1) of the Superior Court Act, Act 10 of 2013.  Section 17(1) states that leave to appeal may only be given where the Judge concerned is of the opinion that:

 

        (a) (i) the appeal would have a reasonable prospect of success in another

                   court; or

 

              (ii) there is some other compelling reason why the appeal should be

                    heard, including conflicting judgments on the matter under

                    consideration” .

 

[2] I have had the opportunity to hear both counsel on behalf of the parties and perused the application for leave to appeal as well as the short heads of arguments on behalf of the respondent.

 

[3] Taking all into consideration, I am of the view that there is no reasonable prospect of success on appeal and that another court will not reasonably come to a different decision.

 

[4] The application for leave to appeal is dismissed with costs, costs to be on a party and party scale on Scale C.

 

 

 

 

HOLLAND-MUTER J

Judge of the Pretoria High Court

 

Matter was heard on 21 February 2025.

Judgment was handed down on 24 February 2025.

 

 

Appearances:

On behalf of the Appellant:	Adv l Stansfield
On behalf of Respondent:	Adv J H Sullivan

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