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[2024] ZAGPJHC 216
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Gravitate Multi Video Content (Pty) Ltd and Another v ABSA Bank Ltd (2021-27241) [2024] ZAGPJHC 216 (4 March 2024)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
Case Number: 2021/
27241
1.
Reportable:
No
2.Of
Interest to other Judges: No
4
March 2024
In
the matter between:
GRAVITATE
MULTI VIDEO CONTENT (PTY) LTD
First Applicant
JUSTICE
KUDUMELA
N.O.
Second Applicant
and
ABSA
BANK
LTD
Respondent
JUDGMENT
Vally
J
[1]
This is an application for leave to appeal
to the Supreme Court of Appeal (SCA) against a judgment and order I
issued on 23 November
2023. The applicants herein were the first and
second respondents in the main application. The judgment in the
matter is comprehensive.
It dealt with every relevant contention
raised by them at that hearing. Nevertheless, they are aggrieved by
the judgment and the
order and asked that they be given an
opportunity to ventilate their case in the SCA. They say that the
judgment is beset by a
number of misdirections which call for the
attention of the SCA. The alleged misdirections are, according to
them, a failure to
attend to the issue of the ESD agreement between
the first applicant and the respondent and more importantly a failure
to find
in their favour. In my judgment the application constitutes a
repetition of all the arguments they advanced at the main hearing.
The relevant ones, as I say above, have been comprehensively dealt
with in the judgment.
[2]
Leave to appeal should not be granted
simply because an applicant for leave complains that their
contentions were rejected. There
must be cogent substantive grounds
raised that show that those contentions were correct either in fact
or in law, and that their
rejection was wrong to the point where it
does not support the issuing of the corresponding order. This the
present applicants
do not do. There is thus no prospect that another
court invested with the same facts as this court would come to a
different conclusion.
[3]
Accordingly, the following order is made:
a.
Application for leave to appeal is dismissed with
costs.
Vally
J
Gauteng
High Court, Johannesburg
Date
of hearing:
4 March 2024
Date
of judgment:
4 March 2024
For
the applicants:
Johan Fourie
Instructed
by:
Saltzman
Attorneys
For
the respondents: G Amm
Instructed
by:
Werksmans
Attorneys