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2023
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[2023] ZAGPPHC 1187
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Hamsa Consulting Engineers (Pty) Ltd v Sigodi Marah Martin Management Support (Pty) Ltd (32290/2020) [2023] ZAGPPHC 1187 (22 September 2023)
IN THE HIGH COURT
OF SOUTH AFRICA
(GAUTENG DIVISION,
PRETORIA)
Case No. 32290/2020
(1) REPORTABLE:
YES/NO
(2) OF INTEREST TO
OTHER JUDGES: YES/NO
(3) REVISED NO
DATE: 22 September 2023
SIGNATURE:
In
the matter between:
HAMSA
CONSULTING ENGINEERS (PTY) LTD
PLAINTIFF/RESPONDENT
And
SIGODI
MARAH MARTIN
MANAGEMENT
SUPPORT (PTY) LTD
DEFENDANT/APPLICANT
Coram:
Millar J
Heard
on
:
22
September 2023
Delivered:
22
September 2023 - This judgment was handed down electronically
by circulation to the parties' representatives by email,
by
being uploaded to the
CaseLines
system of the
GD and by release to SAFLII. The date and time for hand-down is
deemed to be 10H00 on 22 September
2023.
ORDER
It
is Ordered
:
[1]
The application for leave to appeal is dismissed with costs.
JUDGMENT
MILLAR J
[1]
This is an application
for leave to appeal by the defendant against a judgment and order
handed down by me on 29 August 2023.
[2]
I have considered the
reasons given by me for the judgment as well as the grounds
upon which the application for leave to
appeal has been advanced. I
have also considered the arguments advanced both in support and
against the granting of leave.
[3]
I am not persuaded that
another court would come to a different conclusion or that there is
any other compelling reason why leave
to appeal ought to be granted.
[4]
In the circumstances, I
make the following order:
[4.1]
The application for leave to appeal is dismissed with costs.
A MILLAR
JUDGE
OF THE HIGH COURT
GAUTENG DIVISION, PRETORIA
HEARD ON:
22 SEPTEMBER 2023
JUDGMENT DELIVERED ON:
22 SEPTEMBER 2023
PLAINTIFF/RESPONDENT
COUNSEL:
ADV. M Z SULEMAN
INSTRUCTED
BY:
LARSON
FALCONER HASSAN PARSEE INC
REFERENCE:
22/H361/036
DEFENDANT/APPLICANT
COUNSEL:
ADV. A B ROSSOUW SC
INSTRUCTED BY:
CARI DU TOIT INC ATTORNEYS
REFERENCE:
C DU TOIT/SIG1/0064