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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

Case No: 13136/2012

Date heard: 20 March 2014

Date of judgment: 20 March 2014

In the matter between:

FIRSTRAND BANK...................................................................................................................................Applicant

and

RAYMOND CLYDE KONA............................................................................................................First Respondent

AMIE GERTRUDE KONA.......................................................................................................Second Respondent

LEAVE TO APPEAL JUDGMENT

A.M.L. PHATUDI J:

[1] Having read the application for leave to appeal and having noted that the application for leave to appeal is not opposed, I considered the application in chambers.  I am of the view that there are reasonable prospects of success in the appeal.[1]

[2] I am further of the view that due to the involvement of a question of law of importance the appeal is to be considered by Supreme Court of Appeal.[2]

I thus make the following order:

Order:

1. Leave to appeal is hereby granted to the Supreme Court of Appeal.

2. Costs of this application shall be costs in the appeal.

A.M.L. Phatudi

Judge of the High Court

On Behalf of the Applicant: Rorch, Wolmarans & Luderits Inc

Block C, Equity Park

257 Brooklyn Road

Brooklyn

Pretoria

On Behalf of the Respondent: Ledwaba Attorneys

C/O Phukubye Attorneys

1^st Floor, Rooms 2 and 3

Lapa Building

Cnr Bosman & Visagie Street

Pretoria

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