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[2022] ZAGPJHC 652
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Fellowes v El Hage N.O and Others [2022] ZAGPJHC 652 (1 September 2022)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
LOCAL DIVISION, JOHANNESBURG
Case
No: 21/18466
REPORTABLE:
NO
OF
INTEREST TO OTHER JUDGES: NO
REVISED.
01/09/2022
In
the matter between:
NICOLA
FELLOWES
Applicant
and
LILIAN
SAIDE EL HAGE
N.O
First Respondent
IPROTECT
TRUSTEES (PTY)LTD
N.O
Second Respondent
FRANK
MACARTNEY
Third Respondent
JUDGEMENT
Daniels
AJ
1.
In arriving at my conclusions and making the order in the main
action, I took into account, amongst other things, the principles of
fairness, equity and the interests of justice for both parties.
2.
In my view, the applicants in this application for leave to
appeal
have reasonable prospects of success on appeal.
3.
The case does not need the attention of the Supreme Court of
Appeal.
ORDER
1.
The applicants in this application for leave to appeal are granted
leave to appeal.
2.
Leave is to the Full Court of the Gauteng Local Division,
Johannesburg.
3.
Costs are to be costs in the appeal.
E.
DANIELS
ACTING JUDGE OF THE HIGH COURT
GAUTENG LOCAL
DIVISION, JOHANNESBURG
Delivered:
This judgement was prepared and authored by the Judge whose name is
reflected and is handed down electronically by circulation
to the
Parties/their legal representatives by email and by uploading it to
the electronic file of this matter on CaseLines. The
date for
hand-down is deemed to be
01
September
2022.
Date of hearing:
01/09/2022
Date of
Judgement: 01/09/2022
APPEARANCES:
Applicant: Adv
H.F Geyer (standing in for Adv Roos)
Instructed by:
Roos Van Dyk Attorneys
Respondent: Adv
D.J Erasmus
Instructed by:
Macartney Attorneys