Botha v 4D Health (Pty) Ltd (18976/2019) [2024] ZAGPPHC 815 (19 August 2024)

30 Reportability
Civil Procedure

Brief Summary

Appeal — Leave to appeal — Application for leave to appeal against judgment and order — Jurisdictional requirements of section 17(1) of the Superior Courts Act 10 of 2013 not met — Application for leave to appeal dismissed with costs.

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[2024] ZAGPPHC 815
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Botha v 4D Health (Pty) Ltd (18976/2019) [2024] ZAGPPHC 815 (19 August 2024)

REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE NO: 18976/2019
(1)
REPORTABLE: YES/NO
(2)    OF
INTEREST TO OTHER JUDGES: NO
(3)
REVISED: NO
Date: 19 August 2024
E van der Schyff
In
the matter between:
JOHANNA
MAGRIETA SUSANNA BOTHA
APPLICANT
And
4D
HEALTH (PTY) LTD

RESPONDENT
JUDGMENT
Van
der Schyff J
[1]
This is an application
for leave to appeal the judgment and order handed down in this matter
on 26 April 2024.
[2]
I handed down a
comprehensive judgment containing the reasons for the order. It is
thus not necessary to revisit the reasons. I
have considered the
grounds on which the applicant approached the court for leave to
appeal. I am not of the opinion that the jurisdictional
requirements
to grant leave to appeal as stipulated in
section 17(1)
of the
Superior Courts Act 10 of 2013
, are met. The application for leave to
appeal stands to be dismissed.
ORDER
In
the result, the following order is granted:
1.
The application for leave to appeal is
dismissed with costs, costs of counsel on scale B.
E van der Schyff
Judge of the High Court
Delivered:
This judgement is handed down electronically by uploading it to the
electronic file of this matter on CaseLines.
As a courtesy gesture,
it will be emailed to the parties/their legal representatives.
For the applicant:
Adv. JA Klopper
Instructed by:
Cavanagh &
Richards Attorneys
For the respondent:
Adv. NC Maritz
Instructed by:
Van der Merwe &
Bester Inc.
Date of the
hearing:
2 August 2024
Date of judgment:
19 August 2024