Standard Bank of South Africa v Ntsumii Telecommunications (40868/19) [2022] ZAGPJHC 460 (18 July 2022)


4

JUDGMENT

[LEAVE TO APPEAL]


IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG


CASE NO: 40868/19

D


DELETE WHICHEVER IS NOT APPLICABLE

(1) REPORTABLE: YES / NO

(2) OF INTEREST TO OTHER JUDGES : YES / NO

(3) REVISED

....................................................

SIGNATURE

DATE: .............................

ATE
: 16 MARCH 2021





In the matter between


STANDARD BANK OF SOUTH AFRICA Applicant

and

NTSUMII TELECOMMUNICATIONS,

MAYIR TAYOB ENO & SOLLY MNDLONDOBOZI Respondent


J U D G M E N T


(APPLICATION FOR LEAVE TO APPEAL)



WEPENER, J



COURT: In this matter I gave a judgment on 16 March 2021, which judgment in the main relied on a judgment of this Court, given by the late Van der Linde J, in BP Southern Africa (Pty) Ltd v Intertrans Oil SA (Pty) Ltd & Others 2017 4592 GJ, in which he fully analysed the very points now argued in this application for leave to appeal and found against those points.

I have read the notice of leave to appeal and I have listened to the arguments before me and I believe that there is no reasonable prospect of success that another Court would come to another decision and in the circumstances leave to appeal is REFUSED with costs.

ADV V RENSBURG: May it please, M'Lord.

ADV VD MERWE: As your Lordship pleases.

END OF PROCEEDINGS


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…………………………….

WEPENER, J

JUDGE OF THE HIGH COURT

DATE: …………………………






TRANSCRIBER’S CERTIFICATE


This is to certify that, insofar as it is audible, the aforegoing is a true and correct transcript of the proceedings recorded by means of a mechanical recorder in the matter of:


STANDARD BANK OF SOUTH AFRICA // NTSUMII TELECOMMUNICATIONS


CASE NUMBER : 40868/19

RECORDED AT : JOHANNESBURG

DATE HELD : 16 MARCH 2021

TRANSCRIBER : Ronel Deysel

NUMBER OF audio files : 1

NUMBER OF PAGES : 3


REPORT ON RECORDING


1. This is a verbatim transcript and being a true reflection of the record, the grammatical errors have not been corrected.

2. Names of persons, places or esoteric terms not spelt for the record, are transcribed phonetically.

3. Indistinct words and or phrases are as a result of:

3.1 The dialect of the witness; and/or

3.2 Witness not near to microphone and speaking softly; and/or

3.3 Poor Zoom connection.


1.











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