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Botha v 4D Health (Pty) Ltd (18976/2019) [2024] ZAGPPHC 815 (19 August 2024)

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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

CASE NO: 18976/2019

(1)    REPORTABLE: YES/NO

(2)    OF INTEREST TO OTHER JUDGES: NO

(3)    REVISED: NO

Date: 19 August 2024

E van der Schyff

 

In the matter between:

JOHANNA MAGRIETA SUSANNA BOTHA                 APPLICANT

 

And

 

4D HEALTH (PTY) LTD                                               RESPONDENT


JUDGMENT


Van der Schyff J

 

[1]             This is an application for leave to appeal the judgment and order handed down in this matter on 26 April 2024.

 

[2]             I handed down a comprehensive judgment containing the reasons for the order. It is thus not necessary to revisit the reasons. I have considered the grounds on which the applicant approached the court for leave to appeal. I am not of the opinion that the jurisdictional requirements to grant leave to appeal as stipulated in section 17(1) of the Superior Courts Act 10 of 2013, are met. The application for leave to appeal stands to be dismissed.

 

ORDER

In the result, the following order is granted:

1.     The application for leave to appeal is dismissed with costs, costs of counsel on scale B.

 

 

E van der Schyff

Judge of the High Court

 

Delivered:  This judgement is handed down electronically by uploading it to the electronic file of this matter on CaseLines. As a courtesy gesture, it will be emailed to the parties/their legal representatives.

 

For the applicant:

Adv. JA Klopper

Instructed by:

Cavanagh & Richards Attorneys

For the respondent:

Adv. NC Maritz

Instructed by:

Van der Merwe & Bester Inc.

Date of the hearing:

2 August 2024

Date of judgment:

19 August 2024