IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NUMBER: 9333/2020
DELETE WHICHEVER IS NOT APPLICABLE REPORTABLE: NO OF INTEREST TO OTHER JUDGES: NO REVISED: ____________________ ____________________ DATE SIGNATURE
In the application of:
GALLOPTIC TRADE & INVESTMENTS 15 (PTY) LTD APPLICANT
and
GROENEWALD, DEON FIRST RESPONDENT
GROENEWALD, KOOS SECOND RESPONDENT
THE UNLAWFUL OCCUPIERS OF PORTION 17
OF THE FARM WELTEVREDEN NR 17 THIRD RESPONDENT
MOGALE CITY LOCAL MUNICIPALITY FOURTH RESPONDENT
Coram: Wepener J
Date of hearing: 30 August 2022
Date of Judgment: 4 October 2022
This judgment is made an Order of Court by the Judge whose name is reflected herein, duly stamped by the Registrar of the Court and is submitted electronically to the Parties / their legal representatives by email. The judgment is further uploaded to the electronic file of this matter on Caselines by the Judge his secretary. The date of this Order is deemed to be 4 October 2022.
JUDGMENT
Wepener, J:
[1] The applicants seek leave to appeal a judgment handed down by me on 20 April 2022. In the judgment I dealt with the point regarding notification that was given to the appellants. Despite the appellant’s counsel advising that if that point is found in the respondents favour, that it should be the end of the battle. There was some mention of aprobating and reprobating and the right to cancel whilst reprobating. I did not deal with this point in the judgment. Another court may find that the point is good.
[2] In the circumstances I grant the applicants leave to appeal to the full court of this division.
[3] The costs of the application are the costs in the appeal.
_________________
W.L. Wepener
Judge of the High Court of South Africa
Counsel for the Applicants: Adv R Bhima
Attorneys for the Applicants: Swanepoel van Zyl Attorneys
Counsel for the Respondents: JH van den B Lubbe
Attorneys for the Respondents: Crawford Legal Practitioners