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NOT REPORTABLE

IN THE HIGH COURT OF SOUTH AFRICA

(NORTH GAUTENG DIVISION )

CASE NO.: 46427/09

DATE: 10/12/2010

In the matter between

MARLIN MOODLEY..........................................................................................Applicant

and

NAMBITI ENGINEERING (PTY) LTD...........................................................Respondent

CORAM: EBERSOHN AJ

DATE HEARD: 6 DECEMBER 2010

JUDGMENT HANDED DOWN ON: 10 DECEMBER 2010

JUDGMENT ON APPLICATION FOR LEAVE TO APPEAL

[1] In this matter the second respondent applied for leave to appeal against the judgment of this court in terms of which, inter alia, a restraining order was granted against the second respondent.

[2] In the judgment the parties will be referred as in the main application.

[3.] No less than 13 grounds of appeal were stated in the application for leave to appeal.

[4.] The application for leave to appeal was argued before me.

[5] The 12 months restraining period has lapsed and the matter has become academic and it is only really a matter of costs.

[5.] I am satisfied that the second respondent has no prospects of success with an appeal in another court and tha application cannot succeed.

[6] I accordingly make the following order:

'The application for leave to appeal is dismissed with costs."

P. Z. EBERSOHN AJ

ACTING JUDGE OF THE HIGH COURT

Applicant's counsel: Adv. T. Pillay

Applicant's attorneys: Pillay Thesigan Attorneys

Tel. number: 012-326 4211

Reference number: PSI/CVL031/09

Respondent's counsel: Adv. J. Herchensohn

Respondents' attorneys: Van der Merwe du Toit Inc.

Tel. number: 012-452 1314

Reference number: T KHARAMETSANE/AS/NAM43/0003

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