REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SO~TH AFRICA
GAUTENG DIVISION,~RETORIA ·
( 1) REPORT ABLE: YES/NO
(2) OF INTEREST TOOTH~
(3) REVISED: NO -
Date: 3 March 2025 E van der Schyff
In the application for leave to appeal of:
Kgalemo Construction CC
Wilhelmina Semeemee Aphane
Lehumo Makgalemele Aphane
and
Small Enterprise Finance Agency SOC Ltd
JUDGMENT
Van der Schyff J CASE NO.: 54791/2017
First Applicant
Second Applicant
Third Applicant
Respondent
[1] The applicants seek leave to appeal against the judgment and order handed down
on 19 November 2024.
2
[2] The applicants in this application were the applicants in the application for the
rescission of the default judgment granted against them on 15 May 2023, heard by
me.
[3] The principles governing the granting of leave to appeal are trite and need not be
set out herein. A written judgment was handed down on 19 November 2024, and it
is unnecessary to revisit the reasons underpinning the order.
[4] I have considered the grounds of appeal, and I am not of the opinion that the appeal
would have a reasonable prospect of success. There is no other compelling reason
why the appeal should be heard. 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.
E van der Schyff
Judge of the High Court
Delivered : This judgment is handed down electronically by uploading it to the electronic file of
this matter on Caselines .
For the first to third applicants :
Instructed by:
For the respondent:
Instructed by:
Date of the hearing:
Date of judgment:
2 Adv. J. H. Sullivan
Waldick Incorporated
Adv. J. Van der Merwe
Tim du Tait & Co. incorporated
26 February 2025
3 March 2025