Case Law[2025] ZAGPPHC 215South Africa
Kgalemo Construction CC and Others v Small Enterprise Finance Agency SOC Ltd (54791/2017) [2025] ZAGPPHC 215 (3 March 2025)
High Court of South Africa (Gauteng Division, Pretoria)
19 November 2024
Judgment
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# South Africa: North Gauteng High Court, Pretoria
South Africa: North Gauteng High Court, Pretoria
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## Kgalemo Construction CC and Others v Small Enterprise Finance Agency SOC Ltd (54791/2017) [2025] ZAGPPHC 215 (3 March 2025)
Kgalemo Construction CC and Others v Small Enterprise Finance Agency SOC Ltd (54791/2017) [2025] ZAGPPHC 215 (3 March 2025)
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sino date 3 March 2025
REPUBLIC OF SOUTH
AFRICA
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE NO.: 54791/2017
(1)
REPORTABLE: YES/NO
(2) OF
INTEREST TO OTHER JUDGES: NO
(3)
REVISED: NO
Date: 3 March 2025
E van der Schyff
In
the application for leave to appeal of:
Kgalemo
Construction CC
First Applicant
Wilhelmina
Semeemee Aphane
Second Applicant
Lehumo
Makgalemele Aphane
Third Applicant
and
Small
Enterprise Finance Agency SOC Ltd
Respondent
JUDGMENT
Van
der Schyff J
[1]
The applicants seek
leave to appeal against the judgment and order handed down on 19
November 2024.
[2]
The applicants in this
application were the applicants in the application for the rescission
of the default judgment granted against
them on 15 May 2023, heard by
me.
[3]
The principles
governing the granting of leave to appeal are trite and need not be
set out herein. A written judgment was handed
down on 19 November
2024, and it is unnecessary to revisit the reasons underpinning the
order.
[4]
I have considered the
grounds of appeal, and I am not of the opinion that the appeal would
have a reasonable prospect of success.
There is no other compelling
reason why the appeal should be heard. The application for leave to
appeal stands to be dismissed.
ORDER
In
the result, the following order is granted:
1.
The application for leave to appeal is
dismissed with costs.
E van der Schyff
Judge of the High Court
Delivered:
This judgment is handed down electronically by uploading it to the
electronic file of this matter on CaseLines.
For
the first to third applicants:
Adv. J. H. Sullivan
Instructed
by:
Waldick Incorporated
For
the respondent:
Adv. J. Van der Merwe
Instructed
by:
Tim du Toit & Co. incorporated
Date
of the hearing:
26 February 2025
Date
of judgment:
3 March 2025
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