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[2016] ZAGPPHC 199
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P.R.V.M v E.V.M (Leave to Appeal) (60053/2012) [2016] ZAGPPHC 199 (8 April 2016)
IN THE HIGH COURT OF
SOUTH AFRICA
(GAUTENG PROVISION,
PRETORIA)
8/4/2016
CASE: 60053/2012
Not reportable
Not of interest to other
judges
Revised
In the matter between:
P R V
M APPLICANT
and
E V
M RESPONDENT
JUDGMENT
(APPLICATION FOR LEAVE
TO APPEAL)
TLHAPI J
[1] This is an
application for leave to appeal against the whole of my judgment of
10 December 2015. I shall not restate the grounds
of appeal save to
state that the main issue is whether on the facts before me the
Respondent was entitled to a rectification of
the Ante- nuptial
contract of the parties as set out in the order.
[2] It was trite that an
application for leave to appeal should succeed if there was a
reasonable prospect on the facts or on both
fact and law that another
court may arrive at a different conclusion. In this application I am
therefore called upon to objectively
consider the facts upon which my
decision was based. This entails another exercise to objectively
revisit the facts as a whole
and to consider them in the light of the
grounds of appeal. In my view this leave to appeal centres around an
appeal on the facts
on the findings of what transpired prior to the
signing of the ante-nuptial contract, during the signing of such
contract and subsequent
thereto. Having considered the submissions
and argument of counsel for the applicant and respondent and, in the
absence of a lack
of disclosure in the application that there was a
misdirection on my part, I am not persuaded that there are reasonable
prospects
of another court coming to a different conclusion. The
application must therefore fail.
[3] The following order
is given:
The application for leave
to appeal is dismissed with costs.
_______________
TLHAPI W
(JUDGE OF THE HIGH
COURT)
ATTORNEYS FOR THE
APPLICANT/PLAINTIFF: BERNHARD VAN DER HOVEN ATTORNEYS
ATTORNEYS FOR THE
RESPONDENT /DEFENDANT: COUZVN HERTZOG & HORAK INCORPORATED.