Case Law[2025] ZAGPPHC 207South Africa
Urban Growth Investments (Pty) Ltd v Mesh VC (Pty) Ltd (Leave to Appeal) (133934/2023) [2025] ZAGPPHC 207 (24 February 2025)
High Court of South Africa (Gauteng Division, Pretoria)
24 February 2025
Judgment
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# South Africa: North Gauteng High Court, Pretoria
South Africa: North Gauteng High Court, Pretoria
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## Urban Growth Investments (Pty) Ltd v Mesh VC (Pty) Ltd (Leave to Appeal) (133934/2023) [2025] ZAGPPHC 207 (24 February 2025)
Urban Growth Investments (Pty) Ltd v Mesh VC (Pty) Ltd (Leave to Appeal) (133934/2023) [2025] ZAGPPHC 207 (24 February 2025)
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sino date 24 February 2025
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
CASE
NO: 133934/2023
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED: YES
DATE
24 February 2025
SIGNATURE
In
the matter between:
URBAN
GROWTH INVESTMENTS (PTY) LTD
Appellant/Applicant
and
MESH
VC (PTY)
LTD
Respondent
JUDGMENT:
APPLICATION FOR LEAVE TO APPEAL
(The
matter was heard in open court on 21 February 2025 but judgment was
reserved. Judgment will be handed down by uploading the
judgment onto
the electronic file of the matter on CaseLines. The date of uploading
of the judgment onto CaseLines is deemed to
be the date of the
judgment)
BEFORE:
HOLLAND-MUTER J
[1]
The position of when leave to appeal may be given is governed by the
provisions of Section 17(1) of the Superior Court Act,
Act 10 of
2013. Section 17(1) states that leave to appeal may only be
given where the Judge concerned is of the opinion that:
(a) (i) the appeal would
have a reasonable prospect of success in another
court; or
(ii)
there is some other compelling reason why the appeal should be
heard, including
conflicting judgments on the matter under
consideration” .
[2]
I have had the opportunity to hear both counsel on behalf of the
parties and perused the application for leave to appeal as
well as
the short heads of arguments on behalf of the respondent.
[3]
Taking all into consideration, I am of the view that there is no
reasonable prospect of success on appeal and that another court
will
not reasonably come to a different decision.
[4]
The application for leave to appeal is dismissed with costs, costs to
be on a party and party scale on Scale C.
HOLLAND-MUTER
J
Judge
of the Pretoria High Court
Matter
was heard on 21 February 2025.
Judgment
was handed down on 24 February 2025.
Appearances:
On behalf of the
Appellant:
Adv l Stansfield
On behalf of
Respondent:
Adv J H Sullivan
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