2
IN THE HIGH COURT OF SOUTH AFRICA
(FREE STATE DIVISION, BLOEMFONTEIN)
Reportable: YES/NO Of Interest to other Judges: YES/NO Circulate to Magistrates: YES/NO |
Case no. 2322/2021
In the application between:
DAVID HERCLASS SYLVIA HERCLASS
and
LETSHEGO MIRRIAM ROSIE HERCLASS | First Applicant Second Applicant
Respondent |
____________________________________________________________________
APPLICATION FOR LEAVE TO APPEAL
____________________________________________________________________
ORDER BY: DE KOCK, AJ
HEARD IN TERMS OF RULE 16.5 OF THE FREE STATE PRACTICE RULES
DELIVERED: This Order was handed down electronically and by circulation to the parties’ representatives by e-mail and released to SAFLII. The date and time for handing down is deemed to be 13h00 on 14 December 2022.
[1] This is an application for leave to appeal against the whole of the judgment delivered by myself on the 29th June 2022.
[2] The First and Second Applicants’ grounds for leave to appeal are set out in their application for leave to appeal and need not be repeated herein.
[3] I do not intend repeating the arguments advanced in support of the application for leave to appeal.
[4] I have considered all the grounds as well as the submissions in support thereof. I have once again also considered my judgment dated the 29th June 2022.
[5] I am fortified in my view that the First and Second Applicants do not have prospects of success before another Court.
[6] Consequently the following order is made:
1. The application for leave to appeal must fail and is dismissed with costs.
_______________________
D DE KOCK, AJ
Appearance on behalf of the First and Second Applicants:
Attorney: - Adv NM Balakatsi Attorney. Mlozana Attorneys, Suite B, Property Park 60, Kellner Street, Westdene, Bloemfontein.
Appearance on behalf of the Respondent:
Attorney: - Advocate AJ van der Merwe, Attorney: J J Kachelhoffer, McIntyre & van der Post Attorneys, 12 Barnes Street, Westdene, Bloemfontein.