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[2015] ZAGPPHC 228
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Rocla (Pty) Ltd v Sekhukhune District Municipality and Others (59304/13) [2015] ZAGPPHC 228 (27 March 2015)
IN
THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA
CASE NO: 59304/13
NOT REPORTABLE
NOT OF INTEREST
TO OTHER JUDGES
DATE: 27 MARCH
2015
In the matter
between:
ROCLA
(PTY)
LTD
............................................................................................................................
Applicant
and
SEKHUKHUNE
DISTRICT
MUNICIPALITY
...................................................................
First
Respondent
HEXAGON
TECHNOLOGISTES AND PROJECT
ENTERPRISES
CC
.............................................................................................................
Second
Respondent
BERTRAM
(PTY)
LTD
.........................................................................................................
Third
Respondent
IZWELETHU-CEMFORCE
CC
........................................................................................
Fourth
Respondent
JUDGMENT ON
APPLICATION FOR LEAVE TO APPEAL
MAKHUBELE AJ
[1]
Judgment in this matter was delivered on 12 December 2014 and the
application for leave to appeal was filed on 20 January 2015.
The
applicant also sought condonation for late filing of the application
for leave to appeal
“
to
the extent necessary".
This
was not opposed and was duly granted.
[2] I have carefully
considered the grounds of appeal, the arguments advanced and studied
my judgment.
[3] I am required to
consider, objectively, whether there are reasonable prospects of
another court coming to a different conclusion
than that I arrived at
in my judgment. I am not required to justify my judgment or offer
interpretation thereof. This is also not
an opportunity for me to
re-write or supplement my judgment.
[4] Having
considered all the above, I am not convinced that there are
reasonable prospects of another court (faced with the same
facts and
questions of law before me) coming to a different conclusion than
that I arrived at in my judgment.
[5] Accordingly, I
make the following order:
[5.1] The
application for leave to appeal is dismissed with costs.
TAN Makhubele
Acting Judge of the
High Court
APPEARANCES
APPLICANT:
Advocate Jasper Daniels
Instructed
by:
Hogan Lovells
South Africa , incorporated as Routledge
Modise
Inc
C/O Jacobson & Levy
Incorporated
FIRST
RESPONDENT:Advocate MC Erasmus SC
( with Advocate
WTB Ridgard)
Instructed by:
Makhubela Attorneys