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[2025] ZAGPJHC 195
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Mogodi v Shackleton Credit Management (Pty) Ltd and Another (2020/22076) [2025] ZAGPJHC 195 (28 February 2025)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
LOCAL DIVISION, JOHANNESBURG
Case
Number:
2020-22076
(1)
REPORTABLE:
NO
(2)
OF INTEREST TO OTHER JUDGES:
NO
(3)
REVISED:
NO
28
February 2025
In
the matter between:
BEFORE
THE HONOURABLE JUSTICE, AUCAMP AJ
In
the matter between:
DINEO
KHOLOFELO MOGODI
Applicant
And
SHACKLETON
CREDIT MANAGEMENT (PTY) LTD
First Respondent
SHERIFF
OF THE HIGH COURT OF SOUTH AFRICA
Second Respondent
JUDGMENT
[1]
Having
considered the application for leave to appeal together with the
submissions made by and on behalf of the respective parties,
I am of
the view that the applicant for leave to appeal has not advanced or
established any basis upon which it can be said that
the appeal would
have a reasonable prospect of success or that there is another
compelling reason to grant it.
[1]
[2]
Leave
to appeal is not for the asking. It should be granted “…
only
when there is ‘a sound, rational basis for the conclusion that
there are prospects of success on appeal
.”
[2]
JUDGEMENT AND ORDER
[3]
In the result I make the following order:
a.
The application for leave to appeal is
dismissed.
b.
The application is ordered to pay the costs
of this application, such costs to be taxed on the party and party
scale, more specifically
scale B of Uniform Rules of Court.
S AUCAMP
ACTING JUDGE OF THE
HIGH COURT
JOHANNESBURG
DELIVERED
:
This judgment was handed down
electronically by circulation to the parties’ legal
representatives by e mail and publication
on CaseLines.
The date and time for hand-down is deemed to be
10h00
on
-28 February 2025
Heard
on: 23 October 2024
Date
of Judgement: 28 February 2025
For
the Applicant:
Mkhatshwa
M Attorneys
Ref:
LTA/06/24
For
the Respondents:
Adv
R Stevenson
Instructed
by:
Lynn
& Main Incorporated
[1]
Superior
Court’s Act 10 of 2013, s 17(1)(a)
[2]
Four Wheel
Drive Accessory Distributors CC v Rattan NO
[2018] ZASCA 124
;
2019
(3) SA 451
(SCA) at para 34, quoting from S v Smith
[2011] ZASCA 15
,
2012 (1) SACR 567
(SCA) para 7