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Kasper v Andre Kemp Boerdery CC [2010] ZAWCHC 640; ; 10879/2006 (22 September 2010)

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IN THE HIGH COURT OF SOUTH AFRICA


(WESTERN CAPE HIGH COURT. CAPE TOWN)



CASE NO: 10879/2006

DATE: 22 SEPTEMBER 2010


In the matter between:

BERND RANIER KASPER ….............................................................Applicant

and


ANDRE KEMP BOERDERY CC …................................................Respondent

JUDGMENT


(Application for Leave to Appeal)




SALDANHA, J

This is the order of the court in this application for leave to appeal against its judgment on the merits of the plaintiff's claim. Leave is being sought to the Full Bench of this division of the court

I have considered the grounds of appeal and have listened to the argument of counsel for both the applicant and the respondent in this application. I am of the view that there exists a reasonable prospect that another court could come to a different finding on both the questions of fact and law.


SALDANHA, J