Pretorius v Botha (59005/2015) [2016] ZAGPPHC 634 (28 July 2016)

16 Reportability
Civil Procedure

Brief Summary

Appeal — Application for leave to appeal — Applicant seeking leave to appeal against a judgment — Court finding no reasonable prospects of success on appeal — Application for leave to appeal dismissed with costs.

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[2016] ZAGPPHC 634
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Pretorius v Botha (59005/2015) [2016] ZAGPPHC 634 (28 July 2016)

IN
THE HIGH
COURT
OF SOUTH AFRICA
(GAUTENG
DIVISION,
PRETORIA)
NOT REPORTABLE
NOT
OF INTEREST TO OTHER JUDGES
REVISED
Case number:59005/2015
Date: 28 July
2016
In
the matter
between:
PIETER GERARD PRETORIUS
APPLICANT
And
ELISE
BOTHA
RESPONDENT
JUDGMENT (APPLICATION FOR LEAVE TO
APPEAL)
PRETORIUS J
,
(1)
I have once more
considered all the facts, the judgment, the heads of
argument
and authorities, as well as the application for leave to appeal
and the oral arguments.
(2)
I
cannot find that the appeal
will have reasonable prospects of success
for
all the same reasons as set out in my judgment.
(3)
Therefore
I make the following order:
1.
The application for
leave to appeal is
dismissed;
2.
The applicant to pay the
costs of the application.
Judge C Pretorius
Case
number:
59005/2015
Matter heard
on:
26
July
2016
For the Applicant : In
person
Instructed
by:
In
person
For the
Respondent
: Adv BM
Heystek
Instructed
by:
JJ Badenhorst and
Associates
Date of
Judgment:
28 July
2016