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[2013] ZAGPJHC 17
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Mawere and Another v SMM Holdings (Pty) Ltd (22725/2008) [2013] ZAGPJHC 17 (16 January 2013)
IN THE HIGH COURT
OF SOUTH AFRICA (
SOUTH GAUTENG
)
JOHANNESBURG
CASE NO
:
20235/06
DATE
:
16.01.2013
In
the matter between
MD
MAWERE
1
st
Applicant
P
MARIEMUTHU
2
nd
Applicant
versus
SMM
HOLDINGS (PTY) LTD
Respondent
J U D G M E N T
WILLIS, J
:
[1] This is an
application for leave to appeal against the judgment, which I gave in
this matter on 11 October 2012.
[2] I am satisfied that
there are no reasonable prospects that another court will come to a
different conclusion from my own.
[3] The following is the
order of court:
1. The application for
leave to appeal is dismissed with costs.
2. The 1
st
and
2
nd
applicants (the 1
st
and 2
nd
defendants in the main action) are jointly and severally liable to
pay the respondent’s cost in the application for leave
to
appeal, the one paying the other to be absolved.
Appearances:
For the 1
st
applicant: in person.
For the 2
nd
applicant: Adv M Witz instructed by Kirshen Naidoo and Company
Limited.
For the respondent: Adv
HC Botma instructed by Brink Co and Le Roux Incorporated.
Date of hearing: 16
January 2013
Date of judgment: 16
January 2013.