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Ware Jakob Group (Pty) Ltd t/a Sowaar Bar v Pacific Paramount Properties (Pty) Ltd (2023-038064) [2024] ZAGPPHC 532 (20 June 2024)

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IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

 

Case Number:  2023-038064

(1) REPORTABLE:   NO.

(2) OF INTEREST TO OTHER JUDGES:  NO.

(3) REVISED.

DATE: 2024-06-20

SIGNATURE

In the matter between:

THE WARE JAKOB GROUP (PTY) LTD

t/a SOWAAR BAR                                                                                          Applicant

 

and

 

PACIFIC PARAMOUNT PROPERTIES (PTY) LTD                                        Respondent

 

This judgment 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 handing down is deemed to be 20 June 2024.

 

JUDGMENT

 

 

POTTERILL J

 

[1]        I have re-read the judgment, the application for leave to appeal and the heads of argument on behalf of both parties.  I also listened to the argument on behalf of both parties.

 

[2]        I am satisfied that another court could come to a different conclusion and there are prospects of success.

 

[3]        Leave is granted to appeal to the Full Court of this Division.  Costs are to be costs in the appeal.

 

 

S. POTTERILL

JUDGE OF THE HIGH COURT

CASE NO:

2023-038064

HEARD ON:

19 June 2024

FOR THE APPLICANT:

ADV.  D. VAN DEN BOGERT SC

INSTRUCTED BY:

Jacques Classen Inc Attorneys

FOR THE RESPONDENT:

ADV.  M.C. ERASMUS SC

INSTRUCTED BY:

Mark Efstratiou Inc.

DATE OF JUDGMENT:

20 June 2024