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[2008] ZAWCHC 94
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Brown and Another v Papadakis NO and Another (13420/2007) [2008] ZAWCHC 94 (12 December 2008)
IN THE HIGH COURT OF SOUTH AFRICA
(CAPE OF GOOD HOPE PROVINCIAL
DIVISION)
CASE
NO:
13420/2007
DATE
: 12
DECEMBER 2008
In
the matter between:
JOSEPH ARTHUR WALTER
BROWN
1
st
Applicant
SUSAN JENNIFER BROWN
2
nd
Applicant
and
GEORGE
PAPADAKIS N.O.
1
st
Respondent
DINES CHANDRA MANUAL
GIHWALA N.O. 2
nd
Respondent
JUDGMENT
(Application for Leave to
Appeal)
TRAVERSO.AJP
This is an application for leave to
appeal against a judgment which I handed down on 5 November 2008.
The grounds upon which the
leave is being sought are set out fully
in the notice of application for leave to appeal. The matter was
argued fully before
me, no new arguments were placed before me, it
was basically just a rehash of the argument that was addressed to
the court in
the first instance.
In my view there is no merit in the
application. There is no reasonable prospect of another Court coming
to a different conclusion.
In the circumstances the
APPLICATION
FOR LEAVE TO APPEAL IS DISMISSED WITH COSTS.
TRAVERSO,
A J P