Kuduskop Estate (Pty) Ltd and Others v Venter (75594/2013) [2022] ZAGPPHC 529 (18 July 2022)

30 Reportability
Civil Procedure

Brief Summary

Appeal — Leave to appeal — Application for leave to appeal against dismissal of special plea — Uncontroverted evidence presented by plaintiff indicating no reasonable prospect of success on appeal — Court finds no grounds for upholding the special plea — Application for leave to appeal refused with costs.

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[2022] ZAGPPHC 529
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Kuduskop Estate (Pty) Ltd and Others v Venter (75594/2013) [2022] ZAGPPHC 529 (18 July 2022)

IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO
:75594/2013
DATE
:
2022-05-27
REPORTABLE:
NO.
OF
INTEREST TO OTHER JUDGES:  NO.
REVISED.
YES
18
JULY 2022
In
the matter between
KUDUSKOP ESTATE (PTY) LTD
+ 7 OTHERS
Applicant
and
JAN ADRIAAN VENTER

Respondent
JUDGMENT
DAVIS
J
In
view of the uncontroverted evidence of the plaintiff, I find that
there is no reasonable prospect that another Court would find
that
the plaintiff’s delay in rendering his account was
unreasonable, or that there are other grounds on which the special

plea should have been upheld.  The order is then that the
application for Leave to Appeal is refused with costs.
MR
VENTER
:  May it please Your
Lordship.
MS
SCHOEMAN
:  May it please you,
M'Lord.
COURT
:
Court will adjourn.
COURT
ADJOURNS
DAVIS
J
JUDGE
OF THE HIGH COURT
GAUTENG
DIVISION, PRETORIA
DATE
SIGNED
: 18 JULY 2022