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2009
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[2009] ZAGPJHC 92
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Crawford and Another v Jarmilla Logie Associates (A3048/08) [2009] ZAGPJHC 92 (10 November 2009)
IN GAUTENG SOUTH HIGH COURT OF SOUTH
AFRICA
JOHANNESBURG
CASE NO
: A3048/08
DATE
: 10/11/2009
In the matter between
ANDREW SWART CRAWFORD
............................................
1
st
Applicant
JOANNE
CRAWFORD
..........................................................2
nd
Applicant
and
JARMILLA LOGIE
ASSOCIATES
...........................................
Respondent
_________________________________________________________
J U D G M E N T
_________________________________________________________
WILLIS J
:
This is an application for leave to appeal against the order which
Matojane AJ and I made on 16 July 2009, in terms of which we
dismissed an application for condonation for the appellant’s
failure to comply with Rule 50 of the High Court rules in relation
to
the prosecution of an appeal. The application was dismissed with
costs.
The judgment of the learned magistrate in respect of which
condonation for leave to appeal was made was granted on 7 September
2006. The claim arose in December 2003. Matojane AJ is not
available to hear this application for leave to appeal. In his
absence
the depute judge president appointed my brother, Maluleke J.
I am satisfied that there are no reasonable prospects of success in
an appeal against the application for condonation. I propose
that
the following order be made. The application for leave to appeal is
dismissed with costs.
MALULEKE J
: I agree.
WILLIS J
: It is so ordered.