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South Africa: North Gauteng High Court, Pretoria
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[2025] ZAGPPHC 1265
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Mouton v Van Der Westhuizen N.O and Another (2023-123761) [2025] ZAGPPHC 1265 (4 December 2025)
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case number: 2023-123761
Date of hearing:
29 October 2025
Date delivered: 4 December 2025
(1)
REPORTABLE:
YES
/NO
(2)
OF INTEREST TO OTHERS JUDGES:
YES
/NO
(3)
REVISED
DATE 4/12/26
SIGNATURE
In the application between:
BRONWYNNE
MOUTON
Applicant
and
KOBUS
VAN DER WESTHUIZEN N.O.
First Respondent
MEHNAAZ
EBRAHIM N.O.
Second Respondent
This judgment is handed down
electronically by the Judge whose name is reflected herein, and is
submitted to the parties or their
legal representative by email. This
order is further uploaded to the electronic file of CaseLines by the
Judge or his Registrar.
The date of this order is deemed to be 4
December 2025.
JUDGMENT
SWANEPOEL
J
:
[1] This
is an application for leave to appeal against my judgment dated 18
September 2025.
[2] I
have again fully considered the applicant’s submissions, and
her grounds for seeking leave
to appeal. There is nothing new in the
submissions, and I have fully dealt with the arguments put up in my
judgment.
[3] I
may only grant leave to appeal should I be of the view that another
court would reasonably come
to a different finding. I do not believe
that to be the case, nor do I believe that it is in interests of
justice to grant leave
to appeal.
[4] I
make the following order:
The
application for leave to appeal is dismissed with costs on Scale C.
SWANEPOEL J
JUDGE OF THE HIGH COURT
GAUTENG
DIVISION PRETORIA
Counsel
for the applicant:
Adv. C Boonzaier
Adv. J Delport
Instructed
by:
Serfontein Viljoen & Swart
Counsel for the respondents
Adv. B Boot SC
Adv. C Richard
Instructed
by:
Weavind & Weavind Inc
Hearing on:
29 October 2025
Judgment
on:
4 December 2025