Fellowes v El Hage N.O and Others [2022] ZAGPJHC 652 (1 September 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: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2022 >> [2022] ZAGPJHC 652 | Noteup | LawCite sino index ## Fellowes v El Hage N.O and Others [2022] ZAGPJHC 652 (1 September 2022) Fellowes v El Hage N.O and Others [2022] ZAGPJHC 652 (1 September 2022) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2022_652.html sino date 1 September 2022 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG Case No: 21/18466 REPORTABLE: NO OF INTEREST TO OTHER JUDGES: NO REVISED. 01/09/2022 In the matter between: NICOLA FELLOWES Applicant and LILIAN SAIDE EL HAGE N.O First Respondent IPROTECT TRUSTEES (PTY)LTD N.O Second Respondent FRANK MACARTNEY Third Respondent JUDGEMENT Daniels AJ 1.            In arriving at my conclusions and making the order in the main action, I took into account, amongst other things, the principles of fairness, equity and the interests of justice for both parties. 2.            In my view, the applicants in this application for leave to appeal have reasonable prospects of success on appeal. 3.            The case does not need the attention of the Supreme Court of Appeal. ORDER 1.         The applicants in this application for leave to appeal are granted leave to appeal. 2.         Leave is to the Full Court of the Gauteng Local Division, Johannesburg. 3.         Costs are to be costs in the appeal. E. DANIELS ACTING JUDGE OF THE HIGH COURT GAUTENG LOCAL DIVISION, JOHANNESBURG Delivered: This judgement 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 01 September 2022. Date of hearing: 01/09/2022 Date of Judgement: 01/09/2022 APPEARANCES: Applicant: Adv H.F Geyer (standing in for Adv Roos) Instructed by: Roos Van Dyk Attorneys Respondent: Adv D.J Erasmus Instructed by: Macartney Attorneys sino noindex make_database footer start