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[2026] ZAGPJHC 860
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Mafu and Another v Changing Tides 17 (Proprietary) Limited N.O (Application for Leave to Appeal) (2024/110664) [2026] ZAGPJHC 860 (30 July 2026)
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REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
Case Number:
2024-110664
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED: NO
30
July 2026
In
the matter between:
MAFU,
MICHAEL
First Applicant
MAFU,
NOKUTHULA
LEARNMORE
Second Applicant
and
CHANGING
TIDES 17 (PROPRIETARY) LIMITED N.O
Respondent
Judgment
in the application for leave to appeal
MODIBA J
[1]
The applicants seek leave to appeal this
court’s judgment and order of 14 April 2026, granting summary
judgment. The respondent
opposes the application.
[2]
I
have considered the grounds for appeal as set out in the applicants’
application for leave to appeal. I have also considered
the written
and oral submissions advanced on behalf of the applicants as well as
oral submissions advanced on behalf of the respondent,
guided by the
provisions in section 17(1)(a) of the Superior Court’s Act.
[1]
I find that none of the grounds of appeal relied on by the applicants
will yield a different outcome in the contemplated appeal
proceedings.
[3]
In the premises, the application stands to
be dismissed with costs. I therefore make the following order:
Order
1. The application is
dismissed.
2. The applicants shall
pay the respondent’s costs on the attorney and client scale.
JUDGE L.T. MODIBA
JUDGE OF THE HIGH
COURT,
JOHANNESBURG
Appearances
For
the First Applicant:
Self-representing
For
the second Applicant:
Self-representing
For
the Respondent:
Adv M. Nieuwoudt
Instructed
by:
Moodie & Robertson Attorneys
Date
of Hearing:
18 June 2026
Date
of Judgment:
30 July 2026
MODE
OF DELIVERY: This judgment is handed down electronically by
transmission to the parties’ legal representatives by email,
uploading on Caselines and release to SAFLII. The date and time for
delivery is deemed to be 10:00am on 30 July 2026.
[1]
Act 10 of 2013