South Africa: North Gauteng High Court, Pretoria Support SAFLII

You are here:  SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2025 >> [2025] ZAGPPHC 215

| Noteup | LawCite

Kgalemo Construction CC and Others v Small Enterprise Finance Agency SOC Ltd (54791/2017) [2025] ZAGPPHC 215 (3 March 2025)

Download original files

PDF format

RTF format

REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

CASE NO.: 54791/2017

(1)    REPORTABLE: YES/NO

(2)    OF INTEREST TO OTHER JUDGES: NO

(3)    REVISED: NO

Date:  3 March 2025

E van der Schyff

 

In the application for leave to appeal of:

Kgalemo Construction CC                                          First Applicant

 

Wilhelmina Semeemee Aphane                                 Second Applicant

 

Lehumo Makgalemele Aphane                                   Third Applicant

 

and

 

Small Enterprise Finance Agency SOC Ltd                Respondent


JUDGMENT


Van der Schyff J

 

[1]             The applicants seek leave to appeal against the judgment and order handed down on 19 November 2024.

 

[2]             The applicants in this application were the applicants in the application for the rescission of the default judgment granted against them on 15 May 2023, heard by me.

 

[3]             The principles governing the granting of leave to appeal are trite and need not be set out herein. A written judgment was handed down on 19 November 2024, and it is unnecessary to revisit the reasons underpinning the order.

 

[4]             I have considered the grounds of appeal, and I am not of the opinion that the appeal would have a reasonable prospect of success. There is no other compelling reason why the appeal should be heard. 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.

 

 

E van der Schyff

Judge of the High Court

 

Delivered:  This judgment is handed down electronically by uploading it to the electronic file of this matter on CaseLines.

 

For the first to third applicants:                   Adv. J. H. Sullivan              

Instructed by:                                           Waldick Incorporated                                                                          

For the respondent:                                  Adv. J. Van der Merwe

Instructed by:                                           Tim du Toit & Co. incorporated           

Date of the hearing:                                  26 February 2025

Date of judgment:                                     3 March 2025