Ware Jakob Group (Pty) Ltd (Pty) Ltd t/a Sowaar Bar v Pacific Paramount Properties (Pty) Ltd (2023-038064) [2024] ZAGPPHC 619 (20 June 2024)


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IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

DELETE WHICHEVER IS NOT APPLICABLE

(1) REPORTABLE: NO.

(2) OF INTEREST TO OTHER JUDGES: NO.

(3) REVISED.

2024-06-20

DATE SIGNATURE

Case Number: 2023-038064

In the matter between:

THE WARE JAKOB GROUP (PTY) LTD

t/a SOWAAR BAR Applicant



and



PACIFIC PARAMOUNT PROPERTIES (PTY) LTD Respondent



This judgment was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to the Parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines. The date for handing down is deemed to be 20 June 2024.



JUDGMENT





POTTERILL J



[1] I have re-read the judgment, the application for leave to appeal and the heads of argument on behalf of both parties. I also listened to the argument on behalf of both parties.



[2] I am satisfied that another court could come to a different conclusion and there are prospects of success.



[3] Leave is granted to appeal to the Full Court of this Division. Costs are to be costs in the appeal.





__________________

S. POTTERILL

JUDGE OF THE HIGH COURT





CASE NO: 2023-038064



HEARD ON: 19 June 2024



FOR THE APPLICANT: ADV. D. VAN DEN BOGERT SC



INSTRUCTED BY: Jacques Classen Inc Attorneys



FOR THE RESPONDENT: ADV. M.C. ERASMUS SC



INSTRUCTED BY: Mark Efstratiou Inc.



DATE OF JUDGMENT: 20 June 2024







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