South Africa: Free State High Court, Bloemfontein Support SAFLII

You are here:  SAFLII >> Databases >> South Africa: Free State High Court, Bloemfontein >> 2022 >> [2022] ZAFSHC 348

| Noteup | LawCite

Herclass and Another v Herclass (2322/2021) [2022] ZAFSHC 348 (14 December 2022)

Download original files

PDF format

RTF format

 

IN THE HIGH COURT OF SOUTH AFRICA

(FREE STATE DIVISION, BLOEMFONTEIN)

 

Case no. 2322/2021

Reportable: YES/NO

Of Interest to other Judges: YES/NO

Circulate to Magistrates: YES/NO

 

In the application between:

DAVID HERCLASS                                                           First Applicant

SYLVIA HERCLASS                                                         Second Applicant

and

LETSHEGO MIRRIAM ROSIE HERCLASS                     Respondent

 

APPLICATION FOR LEAVE TO APPEAL

 

ORDER BY:              DE KOCK, AJ

HEARD IN TERMS OF RULE 16.5 OF THE FREE STATE PRACTICE RULES

DELIVERED:  This Order was handed down electronically and by circulation to the parties’ representatives by e-mail and released to SAFLII.  The date and time for handing down is deemed to be 13h00 on 14 December 2022.

 

[1]        This is an application for leave to appeal against the whole of the judgment delivered by myself on the 29th June 2022.

 

[2]        The First and Second Applicants’ grounds for leave to appeal are set out in their application for leave to appeal and need not be repeated herein.

 

[3]        I do not intend repeating the arguments advanced in support of the application for leave to appeal.

 

[4]        I have considered all the grounds as well as the submissions in support thereof.  I have once again also considered my judgment dated the 29th June 2022. 

 

[5]        I am fortified in my view that the First and Second Applicants do not have prospects of success before another Court.

 

[6]        Consequently the following order is made:

 

            1.         The application for leave to appeal must fail and is dismissed with costs.

 

D DE KOCK, AJ

 

Appearance on behalf of the First and Second Applicants:

Attorney:        -          Adv NM Balakatsi

Attorney.                   Mlozana Attorneys,

Suite B,

Property Park 60,

Kellner Street,

Westdene,

Bloemfontein.

Appearance on behalf of the Respondent:

Attorney:        -          Advocate AJ van der Merwe,

Attorney:                   J J Kachelhoffer, McIntyre & van der Post Attorneys,

12 Barnes Street,

Westdene,

Bloemfontein.