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IN THE NORTH WEST HIGH COURT

MAFIKENG

CASE NO.: 1201/2010

In the matter between:

KHASU ENGINEERING (PTY) LTD …...........................................APPLICANT

and

THE NALEDI LOCAL MUNICIPALITY …..............................1^ST RESPONDENT

THE MEMBER OF THE EXECUTIVE COUNCIL

OF THE NORTH WEST PROVINCE DESIGNATED

BY THE PREMIER TO BE RESPONSIBLE FOR

HOUSING MATTERS OF HUMAN SETTLEMENT ….............2^ND RESPONDENT

THE HEAD OF DEPARTMENT OF THE NORTH

WEST PROVINCE FOR HOUSING OR HUMAN

SETTLEMENT 3^RD RESPONDENT

APPLICATION FOR LEAVE TO APPEAL

DATE OF HEARING: 05 AUGUST 2011

DATE OF JUDGMENT: 18 AUGUST 2011

FOR THE APPLICANT: ADV J H F PISTOR SC WITH HIM ADV H J SCHOLTZ

FOR THE RESPONDENTS: ADV F W A DANZFUSS SC WITH HIM ADVOCATE J G GILLILAND

JUDGMENT ON LEAVE TO APPEAL

LANDMAN J:

[1] The applicant applies for leave to appeal against the whole of my judgment handed down on 30 September 2010 on the grounds set out in its notice of application dated 7 October 2010.

[2] The application is opposed by the respondents save that the costs of the second counsel awarded in respect of 10 June 2010 have been abandoned.

[3] The heads of argument filed by the applicant traverse the entire matter and are not restricted to the grounds upon which leave to appeal is sought.

[4] I am of the view that another court may reasonably find for the applicant on the basis of the grounds of appeal set out in the application for leave to appeal.

[5] In the result:

1. Leave is granted to the applicant to appeal to the Full Bench of this court against the whole of my judgment (save the costs which had been abandoned) but only on the grounds set out in paragraphs 1 to 12 of the notice of application dated 7 October 2010.

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

A A LANDMAN

JUDGE OF THE HIGH COURT

ATTORNEYS:

FOR THE APPLICANT : NIENABER & WISSING

FOR THE 1^ST RESPONDENT : SMIT & STANTON

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