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2023
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[2023] ZAGPJHC 742
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Idola (Pty) Ltd and Another v City Of Johannesburg Metropolitan Municipality and Others (Leave to Appeal) (047352-2023) [2023] ZAGPJHC 742 (23 June 2023)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
CASE
NO: 047352-2023
NOT REPORTABLE
NOT OF INTEREST TO
OTHER JUDGES
REVISED
In the matter between:
IDOLA
(PTY) LTD
1st
RESPONDENT in the application for leave to appeal
TWIN
CITY REALTY (Pty) LTD
2
nd
RESPONDENT in the application for leave to appeal
and
THE
CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY
1
ST
APPLICANT
THE
MUNICIPAL MANAGER OF THE CITY OF JOHANNESBURG METROPOLITAN
MUNICIPALITY
2
ND
APPLICANT
JOHANNESBURG
WATER (SOC)
3RD
APPLICANT
CITY
POWER (SOC)
4
TH
APPLICANT
APPLICA
TION
FOR LEAVE TO APPEAL - JUDGMENT
WRIGHT J
1.
The
applicants in the main application, Idola and Twin City Realty sought
urgent relief against the City and related respondents
on 25 May
2023. In short, the restoration of municipal services and related
relief was sought. During argument, counsel for Idola
and Twin City
Realty trimmed substantially the relief sought on an urgent basis. I
granted a limited interim order in favour of
Idola and Twin City
Realty, providing for the restoration of services against payment. A
typed, signed judgment was handed
down on the same day. This judgment
is to be read with that judgment.
2.
The
City and related respondents in the main application apply now for
leave to appeal my order.
3.
In
my view, there is a reasonable prospect on appeal including on the
question of appealability.
ORDER
1.
The applicants for leave to appeal
are granted leave to appeal the order of Wright J of 25 May 2023.
2.
Leave to is to a full court of the
Gauteng Division, Johannesburg.
3.
Costs in the appeal.
GC Wright
Judge of the High
Court
Gauteng Division,
Johannesburg
HEARD
: 23 June 2023
DELIVERED
: 23 June 2023
APPEARANCES
:
APPLICANTS
in the main application
Adv
N Nortje
nadia@clubadvocates.co.za
083 645
7014
Instructed
by
Jacques
Classen Inc
072 432
96890
RESPONDENTS
in the main application
Adv
E Sithole
esithole@law.co.za
Instructed
by
Madlhopa
& Thenga Attorneys
011 442
9045
hugo@madhlopathenga.co.za