Kasper v Andre Kemp Boerdery CC [2010] ZAWCHC 640; ; 10879/2006 (22 September 2010)

30 Reportability
Civil Procedure

Brief Summary

Appeal — Application for leave to appeal — Applicant seeking leave to appeal against judgment on the merits of the plaintiff's claim — Court finding reasonable prospect that another court could reach a different conclusion on questions of fact and law — Leave to appeal granted.

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[2010] ZAWCHC 640
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Kasper v Andre Kemp Boerdery CC [2010] ZAWCHC 640; ; 10879/2006 (22 September 2010)

IN
THE
HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH
COURT. CAPE TOWN)
CASE NO: 10879/2006
DATE: 22 SEPTEMBER 2010
In the matter between:
BERND RANIER KASPER
….............................................................
Applicant
and
ANDRE KEMP BOERDERY CC
…................................................
Respondent
JUDGMENT
(Application for Leave
to Appeal)
SALDANHA, J
This is the order of the
court in this application for leave to appeal against its judgment
on the merits of the plaintiff's claim.
Leave is being sought to the
Full Bench of this division of the court
I have considered the
grounds of appeal and have listened to the argument of counsel for
both the applicant and the respondent
in this application. I am of
the view that there exists a reasonable prospect that another court
could come to a different finding
on both the questions of fact and
law.
SALDANHA,
J