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Hotel Slots (Pty) Ltd and Another v Premier of the North-West (1187/97) [1999] ZANWHC 4 (9 December 1999)

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1187/97

IN THE HIGH COURT OF SOUTH AFRICA

(BOPHUTHATSWANA PROVINCIAL DIVISION)


In the matter between:


HOTEL SLOTS 1ST APPLICANT

STEPHEN ANTHONY GOSSAYNN 2ND APPLICANT


and


THE PREMIER OF THE NORTH WEST RESPONDENT


APPLICATION FOR LEAVE TO APPEAL


MOGOENG J.


MAFIKENG


DATE OF HEARING : 09 DECEMBER 1999

DATE OF JUDGMENT: 09 DECEMBER 1999


COUNSEL FOR APPLICANT : E. ZAR SC (with him M. BASSLIAN)

COUNSEL FOR RESPONDENTS : J.P de BRUIN SC (with him J.H.F PISTOR)



MOGOENG J: This is an application for leave to appeal against a judgment on the merits, which I handed down on 10 June 1999.


I have examined the submissions made by both Mr Zar, for the Applicants, and Mr de Bruin, for the Respondent, as well as the evidence on the record. I am alive to the fact that the test applicable to an application of this nature, namely whether or not there exists a reasonable possibility that another Court may come to a different conclusion, is less rigorous than the test applicable when a decision on the merits is considered.


Having considered all the abovementioned, I am satisfied that there is no reasonable possibility that another Court may come to a different conclusion. This is a hopeless case regardless of the angle from which one looks at it.


Accordingly, the application for leave to appeal is dismissed with costs, including costs occasioned by the employment of two counsel.





M.T.R. MOGOENG

JUDGE OF THE HIGH COURT



ATTORNEYS FOR THE APPLICANTS : MINCHIN & KELLY INC.

ATTORNEYS FOR THE RESPONDENT: THE STATE ATTORNEY



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