Gruma S.A.B De C.V v Grupo Bimbo S.A.B De C.V and Another (2023-133078) [2025] ZAGPPHC 427 (7 May 2025)

30 Reportability
Civil Procedure

Brief Summary

Appeal — Leave to appeal — Application for leave to appeal to the Supreme Court of Appeal — Applicant seeks clarity on a point of law — Compelling reason established for granting leave to appeal. The applicant's initial application was dismissed, prompting the current application for leave to appeal. The court found that the issues raised warranted further examination by the Supreme Court of Appeal. The application for leave to appeal is granted, with costs to be included in the appeal.

## REPUBLIC OF SOUTH AFRICA

## IN THE HIGH COURT OF SOUTH AFRICA

## GAUTENG DIVISION, PRETORIA

CASE NO.: 2023-133078

- (1) REPORTABLE: NO

- (2) OF INTEREST TO OTHER JUDGES: NO

- (3) REVISED: NO

Date: 7 2025 May

Evan der Schyff

In the matter between:

GRUMA SAB. DE C.V.

Applicant

and

GRUPO BIMBO SAB. DE C.V.

First Respondent

THE COMPANIES AND INTELLECTUAL PROPERTY COMMISSION

Second Respondent

JUDGMENT

Van der Schyff J

Introduction

2

- [1] This is an application for leave to appeal: The applicant in this application for leave to appeal was the applicant when the initial application was heard
- [2] A written judgment was handed down containing the reasoning underpinning the dismissal of the applicants application. After having considered both parties' quite extensive heads of argument in this application for leave to appeal; and heard both counsel, Lam of the view that a compelling reason exists why the appeal should be heard. Since the contentious issue raised by the applicant revolves around obtaining clarity on a of it is appropriate for leave to appeal to the Supreme Court of Appeal to be granted. point law,

## ORDER

In the result; the following order is granted:

1. The applicant's application for leave to appeal to the Supreme Court of Appeal is granted.
2. The costs of this application are costs in the appeal.

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 applicant:

Adv. P Cirone

Instructed by:

Spoor & Fisher

For the respondent:

Adv. K Iles

Instructed by:

Hahn & Hahn

Date of the hearing:

7 2025 May

Date of judgment:

7 2025 May