REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
CASE NO: 133934/2023
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: YES
DATE 24 February 2025
SIGNATURE
In the matter between:
URBAN GROWTH INVESTMENTS (PTY) LTD Appellant/Applicant
and
MESH VC (PTY) LTD Respondent
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JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
________________________________________________________________
(The matter was heard in open court on 21 February 2025 but judgment was
reserved. Judgment will be handed down by uploading the judgment onto the
electronic file of the matter on CaseLines. The date of uploading of the judgment
onto CaseLines is deemed to be the date of the judgment)
BEFORE: HOLLAND -MUTER J
[1] The position of when leave to appeal may be given is governed by the provisions
of Section 17(1) of the Superior Court Act, Act 10 of 2013. Section 17(1) states that
leave to appeal may only be given where the Judge concerned is of the opinion that:
(a) (i) the appeal would have a reasonable prospect of success in another
court; or
(ii) there is some other compelling reason why the appeal should be
heard, including conflicting judgments on the matter under
consideration” .
[2] I have had the opportunity to hear both counsel on behalf of the parties and
perused the application for leave to appeal as well as the short heads of arguments
on behalf of the respondent.
[3] Taking all into consideration, I am of the view that there is no reasonable prospect
of success on appeal and that another court will not reasonably come to a different
decision.
[4] The application for leave to appeal is dismissed with costs, costs to be on a party
and party scale on Scale C.
HOLLAND -MUTER J
Judge of the Pretoria High Court
Matter was heard on 21 February 2025.
Judgment was handed down on 24 February 2025.
Appearances:
On behalf of the Appellant: Adv l Stansfield
On behalf of Respondent: Adv J H Sullivan