In the matter between:

and

JUDGMENT 
Application for Leave to Appeal

The applicant could not during the trial, and even now show it. No evidence could be presented as to what the state of this business was and the only person that knew about the state of the business was the applicant. He had misled the respondent in that respect and I am of the view that no other court will come to a different conclusion with regards to that, on this critical aspect as whether there was a misrepresentation, and the evidence, on the probabilities, overwhelming showed that.

Therefore, I am of the view that no other court will come to a different conclusion on the evidence that was led and also on the law. Therefore, the application for leave to appeal is then dismissed. It goes without saying that the application for condonation for the late filing for the appeal is granted.