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South Africa: Free State High Court, Bloemfontein
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[2022] ZAFSHC 348
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Herclass and Another v Herclass (2322/2021) [2022] ZAFSHC 348 (14 December 2022)
IN
THE HIGH COURT OF SOUTH AFRICA
(FREE
STATE DIVISION, BLOEMFONTEIN)
Case
no.
2322/2021
Reportable:
YES/NO
Of
Interest to other Judges: YES/NO
Circulate
to Magistrates: YES/NO
In
the application between:
DAVID
HERCLASS
First
Applicant
SYLVIA
HERCLASS Second
Applicant
and
LETSHEGO
MIRRIAM ROSIE HERCLASS Respondent
APPLICATION
FOR LEAVE TO APPEAL
ORDER
BY:
DE KOCK, AJ
HEARD
IN TERMS OF RULE 16.5 OF THE FREE STATE PRACTICE RULES
DELIVERED:
This Order was handed down electronically and by circulation to the
parties’ representatives by e-mail and
released to SAFLII.
The date and time for handing down is deemed to be 13h00 on 14
December 2022.
[1]
This is an application for leave to appeal against the whole of the
judgment delivered
by myself on the 29
th
June 2022.
[2]
The First and Second Applicants’ grounds for leave to appeal
are set out in
their application for leave to appeal and need not be
repeated herein.
[3]
I do not intend repeating the arguments advanced in support of the
application for
leave to appeal.
[4]
I have considered all the grounds as well as the submissions in
support thereof.
I have once again also considered my judgment
dated the 29
th
June 2022.
[5]
I am fortified in my view that the First and Second Applicants do not
have prospects
of success before another Court.
[6]
Consequently the following order is made:
1.
The application for leave to appeal must fail and is dismissed with
costs.
D
DE KOCK, AJ
Appearance
on behalf of the First and Second Applicants
:
Attorney
:
- Adv NM
Balakatsi
Attorney.
Mlozana
Attorneys,
Suite B,
Property Park
60,
Kellner Street,
Westdene,
Bloemfontein.
Appearance
on behalf of the Respondent:
Attorney
:
- Advocate
AJ van der Merwe,
Attorney: J
J Kachelhoffer,
McIntyre & van der Post Attorneys,
12 Barnes
Street,
Westdene,
Bloemfontein.