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[2024] ZAGPJHC 1081
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Fawd Investments (Pty) Ltd v Cruz and Others (2022/21239) [2024] ZAGPJHC 1081 (22 October 2024)
SAFLII
Note:
Certain
personal/private details of parties or witnesses have been
redacted from this document in compliance with the law
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SAFLII
Policy
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO: 2022/21239
1.
Reportable: No
2.
Of interest to other judges: No
3.
Revised
22
October 2024
FAWD
INVESTMENTS (PTY) LTD
In
the main application
Applicant
and
JOSE
DA CRUZ
1
st
Respondent
In
the main application
THE
UNLAWFUL OCCUPIERS OF UNIT […]
M[…]
B[…] H[…]
2
nd
Respondent
RUI
MIGUEL DE FIGUEIREDO N.O., THE TRUSTEE
FOR
THE TIME BEING OF THE LWWS HOLDING
TRUST
WITH REGISTRATION NUMBER IT3059/04 (T)
3
rd
Respondent
TANYA
ROCHA N.O., THE TRUSTEE FOR THE
TIME
BEING OF THE LWWS HOLDING TRUST
WITH
REGISTRATIONNUMBER IT3059/04(T)
4
th
Respondent
MARIA
DA CONCEICAO DE FREITA VASCONCELOS
N.O.,
THE TRUSTEE FOR THE TIME BEING OF
THE
LWWS HOLDING TRUST WITH REGISTRATION
NUMBER
IT3059/04(T)
5
th
Respondent
REDLEX
297 (PTY) LTD
6
th
Respondent
REVENUE
ASSET PROTECTION SERVICES
7
th
Respondent
MARIO
ALEXANDRE DE FIGURIEDO ROSHA
8
th
Respondent
THE
MINISTER OF POLICE
9
th
Respondent
EKHURULENI
METROPOLITAN MUNICIPALITY
10
th
Respondent
JUDGMENT
- APPLICATION FOR LEAVE TO APPEAL
WRIGHT J
1.
On 24 July 2024, I
handed down a typed, signed judgment in an application to evict
certain respondents from a building in Bedfordview.
2.
Now respondents 1-4 and
7 and 8 in that main application apply for leave to appeal.
3.
In my view, these
present applicants have no reasonable prospect on appeal nor is there
compelling reason to grant leave.
ORDER
1.
The application for
leave to appeal is dismissed.
2.
The present applicants
1- 4 and 7 and 8 are jointly and severally to pay the costs of the
present respondent, Fawd.
GC
Wright
Judge
of the High Court
Gauteng
Division, Johannesburg
HEARD:
22 October 2024
DELIVERED:
22 October 2024
APPEARANCES:
Applicant
in the main application
Advocate
Johan Nel
083
448 9535
cicnel@rsabar.com
Instructed
by
KAVEER
GUINESS INCOPORATED
087
265 6078
kaveer@kginc.co.za
Respondents
1, 2, 3, 4, 6, 7 and 8 in the
main
application -
Mr
Tim Dunn
073
665 8663
tim@tjcdunnattorneys.co.za
Instructed
by
TIM
DUNN ATTORNEYS
073
665 8663
tim@tjcdunnattorneys.co.za