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[2010] ZAGPPHC 229
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Moodley v Nambiti Engineering (Pty) Ltd (46427/09) [2010] ZAGPPHC 229 (10 December 2010)
NOT
REPORTABLE
IN
THE HIGH COURT OF SOUTH AFRICA
(NORTH
GAUTENG DIVISION )
CASE
NO.: 46427/09
DATE:
10/12/2010
In
the matter between
MARLIN
MOODLEY
..........................................................................................
Applicant
and
NAMBITI
ENGINEERING (PTY)
LTD
...........................................................
Respondent
CORAM:
EBERSOHN AJ
DATE
HEARD: 6 DECEMBER 2010
JUDGMENT
HANDED DOWN ON: 10 DECEMBER 2010
JUDGMENT
ON APPLICATION FOR LEAVE TO APPEAL
[1]
In this matter the second respondent applied for leave to appeal
against the judgment of this court in terms of which, inter
alia, a
restraining order was granted against the second respondent.
[2]
In the judgment the parties will be referred as in the main
application.
[3.]
No less than 13 grounds of appeal were stated in the application for
leave to appeal.
[4.]
The application for leave to appeal was argued before me.
[5]
The 12 months restraining period has lapsed and the matter has
become academic and it is only really a matter of costs.
[5.]
I am satisfied that the second respondent has no prospects of
success with an appeal in another court and tha application
cannot
succeed.
[6]
I accordingly make the following order:
'The
application for leave to appeal is dismissed with costs."
P.
Z. EBERSOHN AJ
ACTING
JUDGE OF THE HIGH COURT
Applicant's
counsel: Adv. T. Pillay
Applicant's
attorneys: Pillay Thesigan Attorneys
Tel.
number: 012-326 4211
Reference
number: PSI/CVL031/09
Respondent's
counsel: Adv. J. Herchensohn
Respondents'
attorneys: Van der Merwe du Toit Inc.
Tel.
number: 012-452 1314
Reference
number: T KHARAMETSANE/AS/NAM43/0003