Alfs Tippers CC v Steyn (11407/2019) [2023] ZAGPJHC 874 (4 August 2023)

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 >> 2023 >> [2023] ZAGPJHC 874 | Noteup | LawCite sino index ## Alfs Tippers CC v Steyn (11407/2019) [2023] ZAGPJHC 874 (4 August 2023) Alfs Tippers CC v Steyn (11407/2019) [2023] ZAGPJHC 874 (4 August 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2023_874.html sino date 4 August 2023 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 11407/2019 NOT REPORTABLE NOT OF INTEREST TO OTHER JUDGES REVISED 04/08/23 ALF’S TIPPERS CC Applicant and MARTHA SUSANNA STEYN Respondent JUDGMENT Delivered: This judgment and order 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 order is deemed to be the 4 th of August 2023. TWALA J [1]  This is an application for leave to appeal the whole of the judgment and order of this Court delivered on the 19 th of May 2023 which granted the applicant the relief is sought in terms of the notice of motion. [2] For the sake of convenience, in this judgment I shall refer to the parties as they are referred to in the main application. [3] It is a trite principle of our law that leave to appeal may only be given where the Judge or Judges concerned are of the opinion 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 ). [4] The grounds for the leave to appeal are succinctly stated in the notice of the 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 counsel for the parties for the submissions made in the heads of argument and at the hearing of this application. [5] I am satisfied that I have covered and considered all the issues raised in the application for leave to appeal in my judgment. I am therefore not persuaded by the respondent that there are reasonable prospects of success in this appeal. Put differently, I am of the view that there is no prospect that another Court would come to a different conclusion in this case. Therefore, the application for leave to appeal the judgment falls to be dismissed with costs. [6] In the circumstances, I make the following order: The application for leave to appeal is dismissed with costs. TWALA M L JUDGE OF THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION Date of Hearing:    1 st of August 2023 Date of Judgment:    4 th of August 2023 For the Applicant: Advocate C van der Merwe Instructed by: Warffemius Van der Merwe Inc Tel: 082 821 3281 jaco@wminc.co.za For the Respondent: Advocate M Bonzaier Instructed by: Geyser Van Rooyen Attorneys Tel: 012 344 1445/6 annamarie@geyservanrooyen.co.za sino noindex make_database footer start