For subscribers only
Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only.
If you are already a subscriber, you can login to see this judgment summary. If you cannot login, email us and we’ll arrange to give you access.
You can subscribe by paying a reasonable monthly fee. You can cancel at any time. No fixed contracts.
Subscribe
You can read a summary of a landmark judgment to see what a judgment summary looks like.
We provide free access to landmark judgments.
You can also read more about Gilesfiles and who subscribes to GilesFiles and why.
Leave to appeal granted
Vermaak v Sea Spirit Trading 162 CC t/a Paledi Super Spar (JS964/2015) [2017] ZALCJHB 109 (23 March 2017) per C Prinsloo J.
[1] The Third Respondent filed an application for leave to appeal against the whole of the judgment of this Court handed down on 31 January 2017.
[2] The application for leave to appeal is unopposed and the Third Respondent filed comprehensive written submissions.
[3] I have considered the six grounds for appeal as raised by the Third Respondent as well as the submissions made in support thereof and I do not intend to repeat those herein.
[4] It is trite that in order to be entitled to leave to appeal, an applicant in the application for leave to appeal must satisfy this Court that it has reasonable prospects of success on appeal and that based on the facts and the law another court could arrive at a conclusion different than the one reached by the Court a quo.
[5] Suffice to say that after due consideration of the application for leave to appeal, I am persuaded that there is a reasonable prospect that another court could arrive at a different conclusion than the one arrived at by this Court. Furthermore, I am also of the view that there is an important question of law that should be decided and that requires the appeal to be heard.
Order
[6] I therefore make the following order:
6.1 Leave to appeal is granted.
6.2 Costs to be costs in the appeal.