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IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO: 2023-025384
1. Reportable: No 2. Of interest to other judges: No 3. Revised 18 September 2023 Wright J |
In the matter between:
LENDTECH INVESTMENT HOLDINGS PRIVATE LIMTED APPLICANT
and
IMS TECH CORP LIMITED 1ST RESPONDENT
IMS VENTURES (PTY) LTD 2ND RESPONDENT
IMS VENTURES DIGITAL (PTY) LTD 3RD RESPONDENT
MOBI SYSTEMS SOLUTIONS (PTY) LTD 4TH RESPONDENT
TELKOM SA SOC LIMITED 5TH RESPONDENT
MTN GROUP LIMITED 6TH RESPONDENT
MOBILE TELEPHONE NETWORKS (PTY) LTD 7TH RESPONDENT
JUDGMENT – APPLICATION FOR LEAVE TO APPEAL
WRIGHT J
1. On 6 June 2023 I handed down a typed, signed judgment in the main application. This judgment is to be read with that judgment.
2. Lendtech now seeks leave to appeal my order of 6 June 2023.
3. In my view and with the provisions of section 17(1)(a)(i) of the Superior Courts Act 10 of 2013 in mind the applicant, Lendtech has no reasonable prospect on appeal and under section 17(1)(a)(ii) there is no other compelling reason why leave to appeal should be granted.
4. The respondents sought dismissal of this application with costs on a punitive scale. The arguments are that this application, like that before me originally, is hopeless and there has been a change of tack in argument on appeal.
5. I would not go so far as to find that the present application is dishonest just because there is a change in argument. Taking perhaps a somewhat lenient view of the applicant’s case now, ordinary costs suffice in the present application.
ORDER
1. The application is dismissed with costs, including those of two counsel where so employed.
___________________
GC Wright
Judge of the High Court
Gauteng Division, Johannesburg
HEARD : 18 September 2023
DELIVERED : 18 September 2023
APPEARANCES :
APPLICANT Adv Anthonie Jansen Van Vuuren SC
Instructed by KapdiTwala Inc t/a Vanessa Jacklin-Levin and Kirith Haria
Vanessa.jacklinlevin@dentons.com / Kirith.haria@dentons.com / Johannesburg.litigations.com
1st to 4th RESPONDENTS
Adv Alfred Cockrell SC
Adv Luke Kelly
Instructed by CMS Attorney
5th RESPONDENT Adv Nazeer Cassim SC
Adv Yakoob Alli
Instructed by Webber Wentzel Attorneys
Priyesh.daya@webberwentzel.com martin.hattingh@webberwentzel.com
6th and 7th RESPONDENTS
Adv Dennis Fine SC
Adv Makhotso Lengane
Instructed by Werksmans Attorneys