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[2017] ZAGPPHC 424
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November and Others v Road Accident Fund and Another (53493/2010) [2017] ZAGPPHC 424 (4 May 2017)
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
CASE
NO: 53493/2010
DATE:
4/5/2017
In
the matter between:
ME
NOVEMBER
First
Plaintiff
NG
NOVEMBER
Second Plaintiff
NB
NOVEMBER
Third
Plaintiff
NF
NOVEMBER
Fourth
Plaintiff
and
THE
ROAD ACCIDENT FUND
First
Defendant
MULLER
& PARTNERS
Second
Defendant
APPLICATION
FOR LEAVE TO APPEAL JUDGMENT
Bagwa
J
[1]
This is an application for leave to appeal against my judgment handed
down on 15 November 2016 in terms of which the special
plea raised by
the second defendant was upheld.
[2]
I have considered the reasons advanced by the applicants for the
application for leave and more particularly divergent decisions
in
the various Divisions regarding the jurisdiction issue.
Mainly for that reason I have come to the
conclusion that:
2.1
There is a compelling reason that an appeal should be heard and the
application is
granted in terms of
section 17
(1) (a)
(ii)
of the
Superior Courts Act 10 of 2013
for leave to appeal to
the Full Court of the Gauteng Division of the High Court, Pretoria.
2.2
Costs to be costs in the appeal.
_______________________
S.
A. M.
JUDGE
OF THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
Date
of Hearing
:
04 May 2017
Date
of Judgment:
04 May 2017
For
the Applicant:
Advocate J.
O.
Williams
SC
Instructed
by:
Marais Basson Attorneys
For
the Respondents
: Advocate
R.
Strydom
Instructed
by:
Muller & Partners