in the high court of south africa 
western cape high court: cape town 
(eastern circuit local division: george)

In the matter between:

And

APPLICATION FOR LEAVE TO APPEAL: 
JUDGMENT DELIVERED ON 6 FEBRUARY 2012

YEKISO, J
[1] For the sake of convenience, the parties in this application for leave to appeal will be referred to as in the judgment proposed to appeal against. Hence, the applicant in the application for leave to appeal will be referred to as the respondent, whilst the respondent in the application for leave to appeal will be referred to as the applicant.

[2] On 18 November 2011, whilst doing duty in the Eastern Circuit Local Division: George I granted judgment in favour of the applicant in terms of which the respondent was ordered to pay the applicant an amount of R1,879,227-00, together with interest thereon at the rate of 15,5% per annum reckoned from 3 August 2010 plus costs, on a party and party scale. The applicant, in whose favour I found in the judgment, instituted the proceeding on motion.

[3] On 25 November 2011 the respondent gave its notice of intention to apply for leave to appeal against the whole of my judgment handed down on 18 November 2011. The application for leave to appeal was argued before me on Wednesday, 1 February 2012. After hearing argument I reserved judgment and indicated to the parties that my judgment in the matter would be delivered within seven ordinary days and, in any event, by no later than the week commencing 6 February 2012. In the paragraphs which follow is my judgment in the application for leave to appeal in which is included reasons for the order I give.

[6] Consequently, I am of the view that another court, faced with the same facts as were presented to me at the hearing of the matter, might well reach a different conclusion to the one I have. Consequently, this is a matter in which, in my view, leave to appeal ought to be granted on all those grounds set out in the respondent's notice of application for leave to appeal.

[7]     In the result I make the following order:
[7.1.] Leave to appeal is hereby granted to the Full Court of this division against the whole of my judgment handed down in the Eastern Circuit Local Division on 18 November 2011.

[7.2.] The costs of the application for leave to appeal shall be costs in the proposed appeal.

N J Yekiso, J