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[2015] ZAGPPHC 931
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RZT Zelpy 4094 (Proprietary) Limited v Lester (61061/2014) [2015] ZAGPPHC 931 (18 August 2015)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
Case Number: 61061/2014
DATE: 18 AUGUST 2015
In the matter between:
RZT ZELPY 4094 (PROPRIETARY)
LIMITED
..................................................................
Applicant
And
NORMAN MARCUS
LESTER
............................................................................................
Respondent
JUDGMENT ON LEAVE TO
APPEAL
MAKHUBELE AJ
[1] Judgment in this matter was
delivered on 24 April 2015 and the application for leave to appeal
was filed on 19 May 2015.
[2] (Have carefully considered the
grounds of appeal, the arguments advanced and the reasons for my
judgment.
[3] What is expected of me at this
stage is 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 J Van Rooyen
Instructed by: Donn E Bruwer
Attorney
PRETORIA
Respondent: Advocate GT Avvakoumides
Instructed by: Mark Efstratiou
Incorporated
PRETORIA