Botes v Gottini Lake Trading 177 (Pty) Ltd (Leave to Appeal) (91533/2015) [2026] ZAGPPHC 669 (28 April 2026)

35 Reportability
Civil Procedure

Brief Summary

Leave to Appeal — Application for leave to appeal against judgment — Applicant, a defendant, seeks leave following a judgment on merits and quantum — Court finds no reasonable prospect of success on appeal regarding the merits — Application for leave to appeal dismissed with costs.

1
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION. PRETORIA
JUDGMENT
[Leave to Appeal]
CASE NO .: 91533/2015
DATE : 28-04-2026
DELETE WHICHEVER IS NOT APPLICABLE
(1) REPORTABLE: "'VE"S / NO
(2) OF INTEREST TO OTHER JUDGES : YES / NO
(3) REVISED '-
In the matter between
10 BOTES , SANDRA
and
GOTTINI LAKE TRADING 177 (PTY) LTD
JUDGMENT
[LEAVE TO APPEAL]
20 VAN DER WESTHUIZEN, J :
Applicant
Respondent
In matter 91533/2015 the applicant applies for Leave
to Appeal against my written judgment delivered on
28 January 2026. The applicant was the defendant in the
matter that came before this court, one which a judgment
was granted.
It appears from the judgment that the parties have
agreed to the separation of issues, the one dealing with the
070987/2016 _27 032026 I cvj

2 JUDGMENT
[Leave to Appeal]
so-called merits of the cause of action and the second
portion that was separated is the issue of quantum . The
applicant seems to have a second string to his bow and
submitting that the order in respect of costs was too broad
and another court would come to a different conclusion on
that issue.
I have carefully considered my judgment and I have
listened to the submissions made on behalf of the applicant .
I am not persuaded that another would , on the probabilities ,
10 come to a different conclusion than I have come in respect
of the issue of the so - called merits.
20
Accordingly the application for Leave to Appeal is
dismissed with costs to be taxed on the scale C of the
Uniform Rules of court.
VAN D\R WE,STHUIZEN, J
JUDGE ~E HIGH COURT
DATE: ... . X7. .1.¼.~-~ ')Q.J;iL,
070987/2016_27032026 I cvj