Belmont Guest House v Gore NO and Another (9080/2010) [2010] ZAWCHC 535 (9 November 2010)

IN

THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

Case No. 9080/2010 9 November 2010 In the matter between:

BELMONT

GUEST HOME …..............................................................................................Applicant and

STEPHEN MALCOLM GORE N.O. …....................................................................First Respondent

MUHAMMAD

RUSHDI RAJA ….........................................................................Second Respondent

JUDGMENT

APPLICATION FOR LEAVE TO APPEAL FITZGERALD, AJ: This is an application for leave to appeal against the whole of the judgment and order granted by me on 23 September 2010. The grounds upon which leave is sought, are set out in a document dated 27 September 2010, entitled Notice of Appeal, and a further document entitled Application for leave to Appeal in terms of Rule 49 dated 14 October 2010. I have had regard to those grounds. I have also had regard to the oral submissions made in court today both by counsel for applicant in this application, and the respondent. The test, as is trite, for applications for leave to appeal is whether another court might reasonably come to a conclusion different from mine. It seems on balance, and in particular in regard to the respective degrees of prejudice, which will be suffered by the parties in the event that an immediate eviction order be granted, that a prospect exists that another court may reasonably come to a conclusion different to mine. In the circumstances, I direct that leave to appeal against my judgment be granted to the Full Bench of this Division and that the costs of this application be costs in the appeal. M. J. FITZGERALD, AJ

Case No. 9080/2010

9 November 2010

In the matter between:

BELMONT

GUEST HOME …..............................................................................................Applicant

and

STEPHEN MALCOLM GORE N.O. …....................................................................First Respondent

MUHAMMAD

RUSHDI RAJA ….........................................................................Second Respondent

JUDGMENT

APPLICATION FOR LEAVE TO APPEAL

FITZGERALD, AJ:

This is an application for leave to appeal against the whole of the judgment and order granted by me on 23 September 2010. The grounds upon which leave is sought, are set out in a document dated 27 September 2010, entitled Notice of Appeal, and a further document entitled Application for leave to Appeal in terms of Rule 49 dated 14 October 2010.

I have had regard to those grounds. I have also had regard to the oral submissions made in court today both by counsel for applicant in this application, and the respondent. The test, as is trite, for applications for leave to appeal is whether another court might reasonably come to a conclusion different from mine.

It seems on balance, and in particular in regard to the respective degrees of prejudice, which will be suffered by the parties in the event that an immediate eviction order be granted, that a prospect exists that another court may reasonably come to a conclusion different to mine.

In the circumstances, I direct that leave to appeal against my judgment be granted to the Full Bench of this Division and that the costs of this application be costs in the appeal.

M. J. FITZGERALD, AJ