Date:

 

Supreme Court of Appeal of
South Africa

 

 Appeal Case No. : 356106
 TPO Case No. : 23554103

 

 

 

In the matter between :

 

 

M.G.P. Lekota NO

 

Applicant

and

 

 

CCII Systems (Pty) Ltd

 

Respondent

PLEASE TAKE NOTICE that, application for leave to appeal having been refused by the honourable Mr Justice Southwood on 10 February 2006 in the Transvaal Provincial Division of the High Court, the Applicant now hereby makes application to this honourable Court for leave to appeal:

1. against the judgment and order delivered by the honourable Mr Justice Southwood on 15 April 2005 in the Transvaal Provincial Division of the High Court of South Africa under case number 2355412003;

2. insofar as it is necessary, against the judgment and order delivered by the honourable Mr Justice Southwood on 10 February 2006 in the Transvaal Provincial Division of'the High Court of South Africa under case number 2355412003.

The Applicant will seek the following order:

1. The Applicant is granted leave to appeal against the judgment and order of the honourable Mr Justice Southwood delivered on 15 April 2005 in the Transvaal Provincial Division of the High Court of South Africa under case number 2355412003.

2. In the alternative to paragraph 1 above, the judgment and order of the 1 court a quo delivered on 10 February 2006 is set aside, and the Applicant is granted leave to apply to the court a quo for leave to appeal its findings in regard to peremption and condonation.

3. The costs of this application are to be costs in the appeal.

4. Further, other or alternative relief. AND TAKE NOTICE that the accompanying affidavit of JANUARY BOY MASILELA will be used in support thereof.

TAKE NOTICE FURTHER that if you intend to oppose this application, you are required to lodge your affidavit in support of such opposition with the Registrar of .this honourable Court within one month of date after service of this application.

DATED AT THIS 29TH DAY OF JUNE 2006.

STATE ATTORNEY
Applicant's attorney
8" Floor, 167 Andries Street
Old Mutual Centre
PRETORIA

Court Order

per Brand JA et Theron AJA

Ordered on 9 November 2006

The application for leave to appeal and the application to lead further evidence are dismissed with costs.

[signed]

J Gouws (Mrs) Snr Registrar

Another one bites the dust.