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[2010] ZAWCHC 649
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Mahomed v Genesis Medical Scheme (17351/2010) [2010] ZAWCHC 649 (6 December 2010)
IN
THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE
TOWN)
CASE NO
:
17351/2010
DATE
:
6
DECEMBER 2010
In
the matter between:
ASHRAF
DAWOOD MAHOMED
…...............................................................
Applicant
and
GENESIS
MEDICAL SCHEME
….............................................................
Respondent
JUDGMENT
(Application
for leave to appeal)
TRAVERSO,
DJP
:
This
an application for leave to appeal against an application which was
heard on 15 September 2010 which judgment was handed down
on the same
day.
In
today's application Mr
Bezuidenhout
argued
the matter, assisted by Mr
Ramdass
.
In effect, he argued that the misrepresentations contained in the
application form were not material and that I erred in finding
that
they were.
I
looked at all the grounds raised in the application for leave to
appeal. In my view there is no substance in any of the grounds
contained therein and the arguments submitted to me today was
equally, in my view, without substance. I am satisfied that no other
court will reasonably come to a different conclusion and in the
circumstances
THE
APPLICATION IS DISMISSED WITH COSTS.
TRAVERSO, DJP