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2026
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[2026] ZAGPPHC 187
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Graham N.O and Others v Reyneke and Others (2024-050337) [2026] ZAGPPHC 187 (11 March 2026)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO: 2024
-
050337
1. REPORTABLE:
YES
/NO
2.
OF INTEREST TO OTHER JUDGES:
YES
/NO
3.
REVISED:
YES
/NO
DATE:
11/3/2026
SIGNATURE
OF JUDGES:
In
the matter between:
WO
GRAHAM
N.O.
First Applicant
A
GRAHAM
N.O.
Second
Applicant
HA
DU TOIT
N.O
.
Third
Applicant
[in
their capacities as the trustees for the time
being
of the Rodzina Carbonile Trust]
and
JC
REYNEKE
First Respondent
GAMAN
50 (PTY) LTD
Second Respondent
ELEGANT
ELM TRADING (PTY) LTD
Third Respondent
RW
WINCKLER
Fourth Respondent
LCRONJE
Fifth Respondent
This
Judgment was handed down electronically by circulation to the parties
and/or parties' representatives by email and by being
uploaded to
CaseLines. The date and time for the hand down is deemed to be on
this 28 day of November 2025
JUDGMENT
STRYDOM
AJ:
[1]
There are two
applications for leave to appeal, one on behalf of the First and
Third Respondents, (the "Reyneke Respondents")
and one on
behalf of the Second, Fourth and Fifth Respondents (the "Gaman
Respondents").
[2]
I refer to the
parties as I did in the judgement that was delivered on 28 November
2025 ("the judgement"), which judgement
I revised and
edited on 6 March 2026.
[3]
The applications for
leave to appeal are based on section 17(1)(a)(i) and (ii), of
the
Superior
Courts Act,
10
of
2013
,
being
on
the
basis
that
the
appeal
would
have
a
reasonable
prospects
of
success,
or
that
there
are
some
compelling reasons why the appeal should be heard.
[4]
I have
considered the respective applications for leave to appeal, together
with heads of argument which were filed by the respective
parties and
the oral arguments that were addressed to me during the application
for leave to appeal on 26 February 2026.
[5]
I also
considered the judgement delivered, and I am of the view and
I am satisfied
that the judgement properly dealt with all the issues in the matter,
and considering the grounds of appeal presented
that the appeals will
have no reasonable prospect of success or that there are no
compelling reasons why the
to appeal
should be heard.
Order:
Accordingly,
I make the following order:
[1]
The
applications
for leave to
appeal by the Respondents
are dismissed.
[2]
The First
Respondent and Second Respondents, jointly and severally, the one
paying the others to be absolved, are ordered to pay
the costs of the
applications for leave to appeal, on a party and party scale, the
appropriate scale being Scale C.
STRYDOM
AJ
ACTING
JUDGE OF THE HIGH COURT
GAUTENG
DIVISION, PRETORIA
Appearances
For
the Applicants:
N.
Konstandinides SC
Instructed
by:
Van
Hulsteyns Attorneys
For
the First and Third Respondents:
APJ
Els SC and J Myburgh
Instructed
by:
Taljaard
De Oliveira Attorneys
For
the Second, Third and Fourth Respondents:
B
Swart SC
Instructed
by:
DLBM
Attorneys
Date
of Hearing:
26
February 2026
Date
of Judgment:
11
March 2026