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2023
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[2023] ZAGPJHC 1031
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Zoviflo (Pty) Ltd v Prokas and Others (010253/2023) [2023] ZAGPJHC 1031 (15 September 2023)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG LOCAL
DIVISION, JOHANNESBURG
CASE NO:
010253/2023
NOT REPORTABLE
NOT OF INTEREST TO
OTHER JUDGES
REVISED
15.09.23
In the matter between:
ZOVIFLO
(PTY) LTD
APPLICANT
And
HARALAMBOS
PROKAS
FIRST
RESPONDENT
JOALETTE
PROKAS
SECOND
RESPONDENT
FOTINI
PROKAS
(Cited
in their capacities as trustees of the
Prinia
Heritage Trust (IT 952/12))
THIRD
RESPONDENT
PRINIA
INVESTMENT CAPITAL (PTY)
LIMITED
FOURTH
RESPONDENT
THE
COMPANIES AND INTELLECTUAL
PROPERTY
COMMISSION
FIFTH
RESPONDENT
JUDGMENT
Delivered:
This
judgment and order was prepared and authored by the Judge whose name
is reflected and is handed down electronically by circulation
to
Parties / their legal representatives by email and by uploading it to
the electronic file of this matter on Case Lines. The
date of the
order is deemed to be the 15
th
of September 2023.
TWALA J
[1] This is an
application for leave to appeal the whole of the judgment an order of
this Court handed down on the 15
th
of August 2023 in which
the applicant succeeded with the relief he sought in terms of his
notice of motion.
[2] For the sake of
convenience, in this judgment I shall refer to the parties as they
are referred to in the main application.
Furthermore, it is
noteworthy that it only the first, third and fourth respondents who
are appealing this judgment.
[3] It is a trite
principle of our law that leave to appeal may only be given where the
Judge or Judges concerned are of the view
that the appeal would have
a reasonable prospect of success or where there is some other
compelling reason why the appeal should
be heard, including
conflicting judgments on the matter under consideration.
(See
section 17
(1)(a)(i) and (ii) of the
Superior Courts Act, 10 of
2013
).
[4] The grounds for the
leave to appeal are succinctly stated in the notice of the
application for leave to appeal and I do not
intend to restate them
in this judgment. Furthermore, I would like to extend my gratitude
and appreciation to counsel for the parties
for the submissions made
at the hearing of this application.
[5] I am satisfied that I
have covered and considered all the issues raised in the application
for leave to appeal in my judgment.
I am therefore not persuaded by
the respondents that there are reasonable prospects of success in
this appeal. Put in another way,
I am of the considered view that
there is no prospect that another Court would come to a different
conclusion in this case. Therefore,
the application for leave to
appeal the judgment falls to be dismissed with costs.
[6] In the circumstances,
I make the following order:
The application
for leave to appeal is dismissed with costs.
TWALA M L
JUDGE OF THE HIGH
COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION
Date of Hearing:
12
th
of September 2023
Date of Judgment:
15
th
of September 2023
For the Applicants:
Advocate P F Louw SC
Instructed by:
Mayet Attorneys
Incorporated
Tel: 011 759 4050
aadil@mayetinc.co.za
For the Respondents:
Advocate Bergenthuin SC
Instructed by:
Hajibey-Bhyat & Mayet
Inc
Tel: 011 431 1970
shaheen@jlaw.co.za