Mogodi v Shackleton Credit Management (Pty) Ltd and Another (2020/22076) [2025] ZAGPJHC 195 (28 February 2025)

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: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2025 >> [2025] ZAGPJHC 195 | Noteup | LawCite sino index ## Mogodi v Shackleton Credit Management (Pty) Ltd and Another (2020/22076) [2025] ZAGPJHC 195 (28 February 2025) Mogodi v Shackleton Credit Management (Pty) Ltd and Another (2020/22076) [2025] ZAGPJHC 195 (28 February 2025) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2025_195.html sino date 28 February 2025 REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG Case Number: 2020-22076 (1) REPORTABLE: NO (2) OF INTEREST TO OTHER JUDGES: NO (3) REVISED: NO 28 February 2025 In the matter between: BEFORE THE HONOURABLE JUSTICE, AUCAMP AJ In the matter between: DINEO KHOLOFELO MOGODI Applicant And SHACKLETON CREDIT MANAGEMENT (PTY) LTD First Respondent SHERIFF OF THE HIGH COURT OF SOUTH AFRICA Second Respondent JUDGMENT [1] Having considered the application for leave to appeal together with the submissions made by and on behalf of the respective parties, I am of the view that the applicant for leave to appeal has not advanced or established any basis upon which it can be said that the appeal would have a reasonable prospect of success or that there is another compelling reason to grant it. [1] [2] Leave to appeal is not for the asking. It should be granted “… only when there is ‘a sound, rational basis for the conclusion that there are prospects of success on appeal .” [2] JUDGEMENT AND ORDER [3] In the result I make the following order: a. The application for leave to appeal is dismissed. b. The application is ordered to pay the costs of this application, such costs to be taxed on the party and party scale, more specifically scale B of Uniform Rules of Court. S AUCAMP ACTING JUDGE OF THE HIGH COURT JOHANNESBURG DELIVERED : This judgment was handed down electronically by circulation to the parties’ legal representatives by e mail and publication on CaseLines.  The date and time for hand-down is deemed to be 10h00 on -28 February 2025 Heard on: 23 October 2024 Date of Judgement: 28 February 2025 For the Applicant: Mkhatshwa M Attorneys Ref: LTA/06/24 For the Respondents: Adv R Stevenson Instructed by: Lynn & Main Incorporated [1] Superior Court’s Act 10 of 2013, s 17(1)(a) [2] Four Wheel Drive Accessory Distributors CC v Rattan NO [2018] ZASCA 124 ; 2019 (3) SA 451 (SCA) at para 34, quoting from S v Smith [2011] ZASCA 15 , 2012 (1) SACR 567 (SCA) para 7 sino noindex make_database footer start