SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in
compliance with the law and SAFLII Policy
REPUBLIC OF SOUTH AFRICA
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NUMBER: 42362/2021
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHER JUDGES: YES/NO
(3) REVISED:
DATE 9 APRIL 2024.
SIGNATURE
In the matter between:
A[...] M[...] APPLICANT
and
H[...] M[...] FIRST RESPONDENT
H[...] M[...] N.O. SECOND RESPONDENT
(In his capacity as trustee of the
Akkedis Trust: I[...])
A[...] M[...] N.O. THIRD RESPONDENT
(In her capacity as trustee of the
Akkedis Trust: I[...])
THE STANDARD BANK OF SOUTH
AFRICA FOURTH RESPONDENT
THE MASTER OF THE HIGH
COURT FIFTH RESPONDENT
___________________________________________________________________
JUDGMENT FOR LEAVE TO APPEAL
___________________________________________________________________
BOKAKO AJ
Delivered: This judgment was prepared and authored by the Judge whose name
is reflected and is handed down electronically by circulation to Parties /
their legal representatives by email and by uploading it to the electronic
file of this matter on Case Lines. The date of the judgment is deemed
to be 9 April 2024.
INTRODUCTION
1. This is an application for leave to appeal the judgment and order of this Court
handed down on 31 August 2023. In that judgment, this court upheld the first
to the sixth ground of exception. The applicant seeks to challenge that order
before the SCA or, alternatively, a full bench . The respondents opposed the
application.
2. It is a trite principle of our law that leave to appeal may only be given where
the Judge or Judges concerned believe that the appeal would have a
reasonable prospect of success or where there is some other compelling
reason why the appeal should be heard, including conflicting judgments on
the matter under consideration. (See section 17 (1)(a)(i) and (ii) of the
Superior Courts Act, 10 of 2013).
3. The grounds for the leave to appeal are succinctly stated in the notice of
application for leave to appeal , and I do not intend to restate them in this
judgment. Furthermore, I would like to extend my gratitude and appreciation
to both counsels for the submissions made in their heads of argument and at
the hearing of this application.
4. I believe that I have considered all the issues raised in this application for
leave to appeal in my judgment. I am therefore persuaded that another Court
may come to a different conclusion in this case. Put in another way, I am of
the considered view that there are reasonable prospects of success in this
appeal. Therefore, the application for leave to appeal is granted.
5. In the circumstances, I make the following order:
1. The application for leave to appeal to the full bench of this Division against
the judgment and order of 31 August 2023 is granted.
2. Costs of the application for leave to appeal are costs in the appeal.
T BOKAKO
Acting Judge of the High Court
Gauteng Local Division, Pretoria
APPEARANCES
Counsel for the Applicant Adv Nicole Hartman
Schoeman Attorneys 083 728 0444
Email: schoemanattorneys@gmail.com
Ref: A Schoeman/A0465
Counsel for the 1st and 2nd Respondent Adv Collin Garvey
Attorneys for the First and Second Defendants:
Otto Krause Incorporated 011 675 2881
info@ottokrause.co.za Reference: Otto Krause/
ADS/MAT2969
Date of Hearing: 26 February 2024
Date of Judgment: 9 April 2024