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2026
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[2026] ZAGPPHC 15
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Wolmarans v Verbizest (Pty) Ltd (Leave to Appeal) (5287/19) [2026] ZAGPPHC 15 (20 January 2026)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
Case Number: 5287/19
(1)
REPORTABLE: No
(2)
OF INTEREST TO OTHER JUDGES: No
(3)
REVISED.
DATE 20/01/2025
SIGNATURE
In the matter between:
H
J
WOLMARANS
Plaintiff
and
VERBIZEST
(PTY) LTD
Defendant
JUDGMENT
MBONGWE,
J:
INTRODUCTION
[1] This is
an application for leave to appeal against the whole judgment and
orders of this court that were handed
down on 31 October 2025.
[2] This
court has heard arguments by both parties and considered the same and
has concluded that the Applicant, despite
its lengthy arguments, has
failed to refute, most poignantly, the crucial finding in the
judgment sought to be appealed against,
that the Applicant had failed
despite numerous requests and Rule 35 notices, to prove that it had
paid over the money it had received
allegedly on behalf of its
alleged principal. The Applicant has thereby failed to demonstrate
and refute the inescapable conclusion
that it is liable to repay the
total amount it received from the Respondent without legal cause
(
condictio in debiti)
.
[3] The
granting of leave to appeal is regulated by the provisions of
section
17
of the
Superior Courts Act 10 of 2013
, in terms of which leave to
appeal may be granted only where the court whose judgment is sought
to be appealed against is of the
view that the appeal has prospects
of success or that there are compelling reasons for the appeal to be
heard.
[4] The
Applicant has failed in particular to produce proof that it had not
retained the amount claimed and that it
had transmitted the same to
its alleged principal. By retaining the claimed amount, the payment
by the respondent will be without
just cause and the Applicant unduly
enriched thereby. The appeal is without merit in these circumstances
and stands to be dismissed.
ORDER
[5]
Consequent to the finding above, the following order is made:
1.
The application for leave is dismissed with
costs, including the costs of
counsel on scale C.
MPN
MBONGWE
JUDGE
OF THE HIGH COURT
GAUTENG
DIVISION PRETORIA
APPEARANCES
For the Plaintiff:
Advocate H P
Wessels
Instructed by:
Van Der Merwe &
Associates
For the Defendant:
Advocate J H F Le
Roux
Instructed by:
DBM Attorneys
Date of hearing:
31 October 2025
Date of
judgement:
20 January 2026
THIS
JUDGEMENT WAS ELECTRONICALLY TRANSMITTED TO THE PARTIES’ LEGAL
REPRESENTATIVES AND UPLOADED ONTO CASELINE ON 20 JANUARY
2026.