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[2022] ZAGPPHC 379
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Morebudi and Others v Barker and Others (21392/20) [2022] ZAGPPHC 379 (1 June 2022)
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
Case
number: 21392/20
REPORTABLE:
NO
OF
INTEREST TO OTHER JUDGES:
NO
REVISED.
YES
1
JUNE 2022
In
the matter between:
SANNAH
SANKIE
MOREBUDI
First Applicant
JOSEPH
MABUSEN MOREBUDI
Second Applicant
NEO
THANDO HOLDINGS (PTY) LTD
Third Applicant
and
BRAD
BARKER
First Respondent
CHARLES
LUYCKX
Second Respondent
ELLIOT
MOBILITY (PTY)
LTD
Third Respondent
NEO
THANDO ELLIOT MOBILITY (PTY) LTD
Fourth Respondent
NEUKIRCHER
J
:
1]
This is an application for leave to appeal against the judgment and
order handed
down on 19 April 2022 in which both the application and
the counter-application were dismissed. There is no
counter-application
for leave to appeal.
2]
The reasons for the order are clearly set out in the judgment and are
not repeated
herein.
3]
The parties agreed that the application for leave to appeal could be
decided
on the papers and I afforded them an opportunity to file
heads of argument, which they did. I have considered the application
for
leave to appeal as well as the heads of argument and I am of the
view that the applicants have a reasonable prospect of success
on
appeal based on the grounds of appeal.
4]
As a result the order granted is the following:
1.
The applicants are granted leave to appeal to the Full Bench, Gauteng
Division.
2.
Costs are costs in the appeal.
B
NEUKIRCHER
JUDGE
OF THE HIGH COURT
GAUTENG
DIVISION, PRETORIA
Delivered:
This judgment 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 1 JUNE 2022.
For
the Plaintiff
: Adv SK Hassim SC, with her Adv PA Venter
Instructed
by
: VZLR Inc
For
the Defendants
: Adv M Nowitz
Instructed
by
: Nochumsohn & Teper Inc
Leave
to appeal adjudicated on the papers