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[2017] ZAGPPHC 426
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Van den Heever v Taljaard N.O. and Another (54704/2013) [2017] ZAGPPHC 426 (14 March 2017)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO: 54704/2013
DATE:
14/3/2017
In
the matter between:
JOHANNES
VAN DEN
HEEVER
Applicant
(In
the application for leave to appeal)
and
LOUIS
MARIUS TALJAARD
N.O
1
st
Respondent
CHEBO
CHAZA
N.O
2
nd
Respondent
JUDGMENT:
Application for leave to appeal
AC
BASSON,J
[1]
The applicant brought an application for leave to appeal to the
Supreme Court of Appeal against the judgment and order granted
by
this court on 12 December 2016.
[2]
I have considered the grounds for leave to appeal and I am persuaded
that an appeal would have reasonable prospects of success.
I am
likewise of the view that leave should be granted to the Supreme
Court of Appeal in light of the questions of law pertinently
raised
in the judgment.
[3]
The respondents attempted to move a counter-application for leave to
appeal from the bar in respect of a costs order granted
in paragraph
[55] of the judgment. In light of the fact that there is no proper
counter-application I have declined to consider
such an application.
[4]
In the event the following order is made:
1.
Leave to appeal to the Supreme Court of Appeal is granted.
2.
Costs to be costs in the appeal.
________________________
AC
BASSON
JUDGE
OF THE HIGH COURT
Appearances:
For
the applicant
:
BC Stoop
Instructed
by
:
Kampherbreek Twine & Pogrund
c/o Bernhard van der
Hoven Attorneys
For
the respondents :
MP Van der Merwe (SC)
Instructed
by
:
Bosman Attorneys