Morebudi and Others v Barker and Others (21392/20) [2022] ZAGPPHC 379 (1 June 2022)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: North Gauteng High Court, Pretoria South Africa: North Gauteng High Court, Pretoria You are here: SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2022 >> [2022] ZAGPPHC 379 | Noteup | LawCite sino index ## Morebudi and Others v Barker and Others (21392/20) [2022] ZAGPPHC 379 (1 June 2022) Morebudi and Others v Barker and Others (21392/20) [2022] ZAGPPHC 379 (1 June 2022) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2022_379.html sino date 1 June 2022 IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) Case number: 21392/20 REPORTABLE: NO OF INTEREST TO OTHER JUDGES: NO REVISED. YES 1 JUNE 2022 In the matter between: SANNAH SANKIE MOREBUDI First Applicant JOSEPH MABUSEN MOREBUDI Second Applicant NEO THANDO HOLDINGS (PTY) LTD Third Applicant and BRAD BARKER First Respondent CHARLES LUYCKX Second Respondent ELLIOT MOBILITY (PTY) LTD Third Respondent NEO THANDO ELLIOT MOBILITY (PTY) LTD Fourth Respondent NEUKIRCHER J : 1]         This is an application for leave to appeal against the judgment and order handed down on 19 April 2022 in which both the application and the counter-application were dismissed. There is no counter-application for leave to appeal. 2]         The reasons for the order are clearly set out in the judgment and are not repeated herein. 3]         The parties agreed that the application for leave to appeal could be decided on the papers and I afforded them an opportunity to file heads of argument, which they did. I have considered the application for leave to appeal as well as the heads of argument and I am of the view that the applicants have a reasonable prospect of success on appeal based on the grounds of appeal. 4]         As a result the order granted is the following: 1.       The applicants are granted leave to appeal to the Full Bench, Gauteng Division. 2.       Costs are costs in the appeal. B NEUKIRCHER JUDGE OF THE HIGH COURT GAUTENG DIVISION, PRETORIA Delivered: 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 hand-down is deemed to be 1 JUNE 2022. For the Plaintiff                    : Adv SK Hassim SC, with her Adv PA Venter Instructed by                       : VZLR Inc For the Defendants            : Adv M Nowitz Instructed by                      : Nochumsohn & Teper Inc Leave to appeal adjudicated on the papers sino noindex make_database footer start