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[2023] ZAGPPHC 620
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de Lange and Another v de Klerk (49408/2020) [2023] ZAGPPHC 620 (2 August 2023)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO:49408/2020
(1)
REPORTABLE: YES/NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED: NO
Date:
2 August 2023
E
van der Schyff
In
the matter between:
LEON
MARTHINUS DE LANGE
FIRST APPLICANT
ALIDAFORCE
(PTY) LTD
SECOND APPLICANT
and
HELIA
ALETTA DE KLERK
RESPONDENT
JUDGMENT
Van
der Schyff J
[1]
This is an application for leave to appeal
against the judgment and order handed down on 2 May 2023.
[2]
Section 17
of the
Superior Courts Act 10 of
2013
prescribes that leave to appeal may only be given if this court
is of the opinion that the appeal would have a reasonable prospect
of
success or there is some other compelling reason.
[3]
I have considered the grounds upon which
the application for leave to appeal has been brought and the
arguments advanced by counsel.
I also considered the reasons for
granting the order that I did on 2 May 2023. I am of the view that
there is neither a prospect
of another court coming to a different
conclusion nor any compelling reason that merits the granting of
leave to appeal.
ORDER
In
the result, the following order is granted:
1.
The application for leave to appeal is dismissed with costs.
____________________________
E
van der Schyff
Judge
of the High Court
Delivered:
This judgement is handed down electronically by uploading it to the
electronic file of this matter on CaseLines.
As a courtesy gesture,
it will be sent to the parties/their legal representatives by email.
For
the applicants: Adv. A.S.L.
Van Wyk
Instructed
by: DIXON
ATTORNEYS
For
the respondent: Adv.
H.P. West
Instructed
by:
O’DONOHUE
& MARAIS ATTORNEYS
Date
of the hearing: 26
June 2023
Date
of judgment: 2
August 2023