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2022
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[2022] ZAFSHC 156
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TRANSNET SOC LIMITED v SCHOEMANPARK GOLF AND RECREATIONAL CLUB (3855/2021) [2022] ZAFSHC 156 (17 June 2022)
IN
THE HIGH COURT OF SOUTH AFRICA,
FREE
STATE DIVISION, BLOEMFONTEIN
Case
Number:3855/2021
Reportable:
NO/YES
Of
Interest to other Judges: NO/YES
Circulate
to Magistrates: NO/YES
In
the matter between:
TRANSNET
SOC LIMITED
Applicant
And
SCHOEMANPARK
GOLF AND
Respondent
RECREATIONAL
CLUB
HEARD
ON:
This
application was
determined
on the basis of written arguments instead of an oral hearing.
JUDGMENT
BY:
DANISO, J
DELIVERED
ON:
This
judgment was handed down electronically by
circulation
to the parties' representatives by way of email and by release
to
SAFLII. The date and time for hand-down is deemed to be 11h00 on 17
June
2022.
[1]
This is an opposed application for leave to appeal against my
judgment and the consequent
order delivered on 10 March 2022. The
order followed upon the dismissal of the applicant’s eviction
application with costs.
[2]
The application is, by consent between the parties determined on the
basis of written
heads of argument and it is premised on the grounds
that there is a reasonable possibility that the Supreme Court of
Appeal or
the Full Bench of this court would come to another
decision.
[3]
I have considered the grounds for appeal and the written heads of
arguments. In the
grounds of appeal including the heads of argument
the applicant has essentially regurgitated the arguments presented in
the main
application. The reasons for my conclusions in this regard
are illustrated in my written judgment and having regard to what is
deliberated in the judgment, I’m not persuaded that the issues
raised by the applicant in its grounds of appeal would have
reasonable prospects of success. There is also no compelling reason
why the appeal should be heard. The respondent’s
application
for leave to appeal stands to be dismissed.
[4]
In the result the following order is made:
1.
The application for
leave to appeal to the Supreme Court of Appeal or the full bench of
this division against my judgment granted
on 10 March 2022 is
dismissed with costs.
NS
DANISO, J
For
the applicant: Adv.
X. Hilita
McIntyre
van der Post Attorneys
BLOEMFONTEIN
For
the respondent:
Adv.
SJ Reinders
Van
Wyk & Preller INC.
BLOEMFONTEIN