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South Africa: North Gauteng High Court, Pretoria
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2024
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[2024] ZAGPPHC 570
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Road Accident Fund v Montsho (Leave to Appeal) (21747/2022) [2024] ZAGPPHC 570 (11 June 2024)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION
,
PRETORIA
CASE
NO
:
21747/2022
(1)
REPORTABLE: NO
(2)
OF INTEREST TO
OTHER JUDGES: NO
(3)
REVISED: NO
DATE:
11 June 2024
SIGNATURE:
In
the
matter
between
:
ROAD
ACCIDENT
FUND
Applicant
and
ITUMELENG
SOLOMON MONTSHO
First Respondent
LEAVE
TO APPEAL JUDGMENT
TOLMAY
J
INTRODUCTION
1.
This is
judgment for an application for leave to appeal by the applicant, who
is the defendant in the main application, following
my judgment dated
16 October 2023.
2.
After
carefully considering the judgment, argument by the parties and their
heads of argument I am of the view that the appeal does
not have a
reasonable prospect of success,
nor
does there
exist any other compelling reason why the appeal should be heard
.
The
following order is made:
1.
Leave to
appeal is dismissed with costs.
R
G
TOLMAY
JUDGE
OF THE HIGH COURT
GAUTENG
DIVISION
,
PRETORIA
Appearances:
Counsel
for the Applicant:
Adv
L Mfazi
Attorney
for the Applicant:
Mr
M Maliwa for T Matu Attorneys
Counsel
for the Respondent:
Adv
M S Mangolele SC; Adv T Williams
Attorney
for the Respondent:
State
Attorney
Pretoria
Date
of hearing
:
7
June 2024
Date
of Judgment:
11
June
2024