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IN THE LAND CLAIMS COURT OF SOUTH AFRICA

Held at PRETORIA on 20 October 2003 CASE NO: LCC 3/00

before Moloto J and Wiechers (Assessor)

Decided on: 22 October 2003

In the matter of

THE NDEBELE-NDZUNDZA COMMUNITY

concerning

THE FARM KAFFERSKRAAL NO 181 JS

JUDGMENT

MOLOTO J:

[1] This is an application by M G Prinsloo and the Botha Family Trust ("the opposing parties") for leave to appeal to the Supreme Court of Appeal against the whole of the judgment of this Court handed down on 23 December 2002. The grounds of appeal are set out in the application and need not be repeated here.

[2] It is well established that the test for the grant of leave to appeal is whether there are prospects of success. In order to determine whether such prospects do exist, the question is often asked whether another Court might come to a different finding from the one appealed against. Having heard argument in the matter this Court is not satisfied that another court might come to a different finding.

[3] The application for leave to appeal is refused.

JUDGE J MOLOTO

I agree

PROF M WIECHERS (ASSESSOR)

For the claimants:

Adv PJJDe Jager instructed by De Wetdu Plessis Inc, Pretoria.

For the landowners:

Adv H S Havenga, instructed by Griitter & Lombard Attorneys, Pretoria.

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