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[2010] ZAWCHC 429
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Steenkamp and Another v Knysna Local Minicipality and Another (24824/2009) [2010] ZAWCHC 429 (13 July 2010)
IN
THE HIGH COURT OF SOUTH AFRICA
(WESTERN
CAPE HIGH COURT, CAPE TOWN)
CASE
NUMBER:
24824/2009
DATE
:
13 JULY 2010
In
the matter between:
DIANE
LOUISE STEENKAMP
….............................................................
1
st
Applicant
NEIL
DESMOND STEENKAMP
….........................................................
2
nd
Applicant
and
KNYSNA
LOCAL MUNICIPALITY
…..................................................
1
st
Respondent
MILLWOOD
GARDENS t/a LEISURE GARDENS
…..................
2
nd
Respondent
JUDGMENT
(Application
for leave to appeal)
N
C ERASMUS. J
This
is an application for leave to appeal against the judgment that I
gave on 18 June 2010. Mr
Bruwer
.
on behalf of the applicants furnished us with a full document giving
notice of the application wherein he had set out all the
grounds;
only one ground mentioned in paragraph 33 was abandoned today. He
also fully argued these grounds.
Mr
Van
der Merwe
,
on behalf of the respondents, opposed the application on the crisp
points that the question must be whether the actions of the
respondents, more particularly the second respondent was
unreasonable objectively in the use of the property.
I
have considered the application. I have again read portions of the
record and the judgment, which as
ex
tempore,
it
was done overnight on the previous occasion that I have handed down.
I do not deem it necessary to add anything to that judgment.
The
application for leave to appeal to the Full Bench IS. REFUSED WITH
COSTS.
N
C ERASMUS. J