---

REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

CASE NO.: 2023-133078

(1)    REPORTABLE: NO

(2)    OF INTEREST TO OTHER JUDGES: NO

(3)    REVISED: NO

Date: 7 May 2025

E van der Schyff

 

In the matter between:

GRUMA S.A.B. DE C.V.                                                       Applicant

 

and

 

GRUPO BIMBO S.A.B. DE C.V.                                 First Respondent

 

THE COMPANIES AND INTELLECTUAL

PROPERTY COMMISSION                                       Second Respondent

JUDGMENT

Van der Schyff J

Introduction

 

[1]             This is an application for leave to appeal. The applicant in this application for leave to appeal was the applicant when the initial application was heard.

 

[2]             A written judgment was handed down containing the reasoning underpinning the dismissal of the applicant’s application. After having considered both parties’ quite extensive heads of argument in this application for leave to appeal, and heard both counsel, I am of the view that a compelling reason exists why the appeal should be heard. Since the contentious issue raised by the applicant revolves around obtaining clarity on a point of law, it is appropriate for leave to appeal to the Supreme Court of Appeal to be granted.

 

ORDER

In the result, the following order is granted:

1.     The applicant’s application for leave to appeal to the Supreme Court of Appeal is granted.

2.     The costs of this application are costs in the appeal.

 

 

E van der Schyff

Judge of the High Court

 

Delivered:  This judgment is handed down electronically by uploading it to the electronic file of this matter on CaseLines.

 

For the applicant:	Adv. P. Cirone
Instructed by:	Spoor & Fisher
For the respondent:	Adv. K Iles
Instructed by:	Hahn & Hahn
Date of the hearing:	7 May 2025
Date of judgment:	7 May 2025

---