IN THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL LOCAL DIVISION, DURBAN
In the matter between:
WORKFORCE STAFFING (PTY) LTD
and
RK STRUCTURES CC
RYAN JOHN KLOPPER
The following order shall issue:
ORDER
CASE NO .: D981/2023
APPLICANT
FIRST RESPONDENT
SECOND RESPONDENT
(1) The Second Respondent is granted leave to appeal to the Full Court of the KwaZulu
Natal Provisional Division.
(2) The cost of the application for leave to appeal shall be costs in the appeal, save that should
the Second Respondent not proceed with the appeal, the Second Respondent is to pay
these costs.
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JUDGMENT
MOODLEY AJ
[1] This is an application for leave to appeal brought by the Second Respondent in the
judgment I handed down on 06 March 2025 (hereinafter referred to as "the Judgment")
wherein judgment was granted against the Second Respondent. The effect of the Judgment
was that the Second Respondent was found to be jointly and severally liable to the Applicant
for a debt incurred by the First Respondent.
[2] The Second Respondent contends that I erred in finding that the written statement/s
made on behalf of both the First and Second Respondents in the written heads of argument
prepared by counsel who had previously acted on the behalf of the Second Respondent as
being binding admissions of fact binding the Second Respondent. I shall not repeat the
grounds of appeal herein.
[3] The Applicant opposes the application for leave to appeal on the basis that it submits
that the Second Respondent does not meet the statutory test that it is compe lled to, that
being" the appeal would have a reasonable prospect of success", and that the Judgment is
indeed correct.
[4] Both parties produced heads of argument in the matter and aired their contentions at
the hearing of the matter as to how the statement/s on the relevant heads of argument
should have been categorised, and the weight that ought to have been attached to such.
They further addressed me on what the finding should have been had the statement/s not
been categorised as admission/s, and the matter determined on the merits.
[5] I have fully considered the grounds raised to appeal the judgment and the
submissions made by the parties. I am persuaded that the appeal wou ld have reasonable
prospects of success.
ORDER
[6] Accordingly, the following order is made:-
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(a) The Second Respondent is granted leave to appeal to the Full Court of the
KwaZulu-Natal Provisional Division.
(b) The cost of the application for leave to appeal shall be costs in the appeal, save
that should the Second Respondent not proceed with the appeal, the Secon
Respondent to pay these costs.
M MOODLEY AJ
Case information
Date of hearing: 5 September 2025
Date of judgment: 11 September 2025
Counsel for the First Respondent/Applicant: Mr D Aldworth
Ema il: aldworth@dbnbar.co.za
Attorneys for the First Respondent/Applicant: Futcher and Poppesqou Attorneys
Unit 8, Level 2
Counsel for the Applicant/Respondent:
Attorneys for the Applicant/Respondent
The Centenary Building, Quadrant 1
30 Meridian Drive
Umhlanga New Town Centre
Umhlanga Rocks
Email: admin@fpattorneys.co.za
MrNAlli
Hunts Attorneys (inc Borkums)
2nd Floor, 13 Wellington Road Parktown
Johannesburg
Tel: 011 532 0250
Email: almadk@huntsattorneys.co.za
REF : ALMAJVR/MAT 3865
C/O Strauss Daly Inc.
ogth Floor , Strauss Da ly Place
41 Richefond Circle, Umhlanga Ridge
Durban
Ref: S SINGH/AB /HUN97 /0009
Email: SSingh2@straussdaly.co.za
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