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# South Africa: North Gauteng High Court, Pretoria
South Africa: North Gauteng High Court, Pretoria
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[2024] ZAGPPHC 325
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## A.M v H.M and Others (42362/2021)
[2024] ZAGPPHC 325 (9 April 2024)
A.M v H.M and Others (42362/2021)
[2024] ZAGPPHC 325 (9 April 2024)
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sino date 9 April 2024
SAFLII
Note:
Certain
personal/private details of parties or witnesses have been
redacted from this document in compliance with the law
and
SAFLII
Policy
REPUBLIC
OF SOUTH AFRICA
THE
HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NUMBER: 42362/2021
(1)
REPORTABLE:
YES/NO
(2)
OF INTEREST TO OTHER JUDGES: YES/NO
(3)
REVISED:
DATE
9 APRIL 2024.
SIGNATURE
In
the matter between:
A[...]
M[...]
APPLICANT
and
H[...]
M[...]
FIRST RESPONDENT
H[...]
M[...] N.O.
SECOND RESPONDENT
(In
his capacity as trustee of the
Akkedis
Trust: I[...])
A[...]
M[...] N.O.
THIRD RESPONDENT
(In
her capacity as trustee of the
Akkedis
Trust: I[...])
THE
STANDARD BANK OF SOUTH
AFRICA
FOURTH
RESPONDENT
THE
MASTER OF THE HIGH
COURT
FIFTH RESPONDENT
JUDGMENT
FOR LEAVE TO APPEAL
BOKAKO
AJ
Delivered:
This judgment was prepared and
authored by the Judge whose name is reflected and is handed down
electronically by circulation to
Parties / their legal
representatives by email and by uploading it to the electronic file
of this matter on Case Lines. The date
of the judgment is deemed to
be 9 April 2024.
INTRODUCTION
1.
This is an application for leave to appeal the judgment and order of
this Court handed down on 31 August 2023.
In that judgment, this
court upheld the first to the sixth ground of exception. The
applicant seeks to challenge that order before
the SCA or,
alternatively, a full bench. The respondents opposed the application.
2.
It is a trite principle of our law that leave to appeal may
only be
given where the Judge or Judges concerned believe that the appeal
would have a reasonable prospect of success or where
there is some
other compelling reason why the appeal should be heard, including
conflicting judgments on the matter under consideration.
(See
section 17
(1)(a)(i) and (ii) of the
Superior Courts Act, 10 of
2013
).
3.
The grounds for the leave to appeal are succinctly stated in the
notice of application for leave to appeal,
and I do not intend to
restate them in this judgment. Furthermore, I would like to extend my
gratitude and appreciation to both
counsels for the submissions made
in their heads of argument and at the hearing of this application.
4.
I believe that I have considered all the issues raised in this
application for leave to appeal in my judgment.
I am therefore
persuaded that another Court may come to a different conclusion in
this case. Put in another way, I am of the considered
view that there
are reasonable prospects of success in this appeal. Therefore, the
application for leave to appeal is granted.
5.
In the circumstances, I make the following order:
1. The
application for leave to appeal to the full bench of this Division
against the judgment and order of 31
August 2023 is granted.
2.
Costs of the application for leave to appeal are costs in the appeal.
T BOKAKO
Acting Judge of the
High Court
Gauteng Local
Division, Pretoria
APPEARANCES
Counsel
for the Applicant
Adv
Nicole Hartman
Schoeman
Attorneys 083 728 0444
Email:
schoemanattorneys@gmail.com
Ref:
A Schoeman/A0465
Counsel
for the 1
st
and 2
nd
Respondent
Adv
Collin Garvey
Attorneys
for the First and Second Defendants:
Otto
Krause Incorporated 011 675 2881
info@ottokrause.co.za
Reference: Otto Krause/
ADS/MAT2969
Date
of Hearing:
26
February 2024
Date
of Judgment:
9
April 2024
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