Case Law[2025] ZAGPPHC 713South Africa
Brilliant Telecommunications (Pty) Ltd v Altron TMT (Pty) Ltd and Others (042792/2023) [2025] ZAGPPHC 713 (14 July 2025)
Judgment
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# South Africa: North Gauteng High Court, Pretoria
South Africa: North Gauteng High Court, Pretoria
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## Brilliant Telecommunications (Pty) Ltd v Altron TMT (Pty) Ltd and Others (042792/2023) [2025] ZAGPPHC 713 (14 July 2025)
Brilliant Telecommunications (Pty) Ltd v Altron TMT (Pty) Ltd and Others (042792/2023) [2025] ZAGPPHC 713 (14 July 2025)
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sino date 14 July 2025
IN
THE HIGH COURT OF3SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE
NO: 042792/2023
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED.
DATE
14/07/2025
LENYAI
J
In
the matter of:
BRILLIANT
TELECOMMUNICATIONS (PTY) LTD
Applicant
And
ALTRON TMT (PTY) LTD
First
Respondent
CITY OF TSHWANE
METROPOLITAN MUNICIPALITY Second
Respondent
CBX TECH (PTY)
LTD
Third Respondent
The
judgment and order are published and distributed electronically. The
date and time of hand-down
is
deemed to be 14:00
on 14 July 2025
JUDGMENT
LENYAI
J
1.
This is an application
for leave to appeal brought by the applicant against the judgment
and order granted by me on the 7
th
April 2025.
2.
The
test for the granting of leave to appeal pertinent to the present
matter is set out in
section 17(1)
of the
Superior Courts Act 10 of
2013
as follows:
“
(
1)
Leave to appeal may only be given where the judge or judges concerned
are of the opinion that
(a)
(i) the appeal would
have a reasonable prospect of success or
(ii) there is some other
compelling reason why the appeal should be heard, including
conflicting judgments on the matter under
consideration.”
3.
I have considered the
grounds upon which the application has been brought and the reasons
given by me for the judgment and the order.
I have also considered
the submissions made by counsel for the granting of leave to appeal
on the part of the applicant and those
opposing the granting of leave
to appeal on behalf of the first respondent.
4.
I am not persuaded that
another court would come to a different conclusion or that there is
some other compelling reason why leave
to appeal should be granted.
5.
In the circumstances, I
make the following order:
5.1 The application for
leave to appeal is refused.
5.2 The applicant is
ordered to pay the costs of the first respondent on scale C.
LENYAI
J
Judge of the High
Court
Gauteng
Division, Pretoria
Appearances
Counsel
for Applicant:
:
Adv
Ralikhuvhana
Instructed
by
:
Katlego
Ralikhuvhana Mokgola Inc
Counsel for the First
Respondent
:
Adv Prinsloo
Instructed
by
:
Lowndes
Dlamini Incorporated
Date of
hearing
:
11
JULY 2025
Date
of Judgement
:
14
JULY 2025
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