IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CC CASE NO:_________
SCA CASE NO: 20287/14 SGLD (SGHC) CASE NO: 20344/13 In the matter between:
MIGHTY SOLUTIONS CC T/A ORLANDO SERVICE STATION
Appellant
and
ENGEN PETROLEUM LTD First Respondent
CONTROLLER OF PETROLEUM PRODUCTS Second Respondent
NOTICE OF MOTION
BE PLEASED TO TAKE NOTICE THAT the appellant hereby applies to this Court in terms of rule 19 of the rules of this Court for the following relief:
1. THAT the appellant be granted leave to appeal against the whole of the order and judgment of the South Gauteng High Court delivered and handed down on 28 March 2014 by His Lordship Mr Justice Matthee (AJ), leave to appeal having been made in due course and refused by the Supreme Court of Appeal on 19 November 2014;
2. THAT the aforesaid order be replaced with an order that the application is dismissed with costs;
3. THAT all cost orders against the appellant in the appellant’s application to the High Court for leave to appeal and to the Supreme Court of Appeal for leave to appeal, be set aside and replaced by an order that the first respondent herein is to pay the appellant’s costs of the aforesaid proceedings;
4. THAT the appellant be granted such further and/or alternative relief as the Court deems meet.
TAKE NOTICE FURTHER THAT the affidavit of MIGHTY MWALE which is attached hereto shall be used
in support of this application for leave to appeal.
Signed at PRETORIA on the 25th day of NOVEMBER 2014.
___________________________
VENN & MULLER ATTORNEYS ATTORNEYS FOR RESPONDENT Venn & Muller Attorneys 105 Club Avenue Waterkloof Heights PRETORIA Tel: 012 346 0934 Fax: 086 617 5718
Cell: 082 501 1727 c/o MULLER VOIGT ATTORNEYS 1st Floor. First Place cnr First Avenue and Standard Drive Pine Park JOHANNESBURG Tel: 011 782 0325 Fax: 011 782 3987 Ref: GERT CLOETE/svr/8429
TO: THE REGISTRAR
THE CONSTITUTIONAL COURT OF SOUTH AFRICA BRAAMFONTEIN
JOHANNESBURG
AND TO: A D HERTZBERG ATTORNEYS Attorneys for the Respondents Commerce Square Office Park Building No 3
2nd Floor
39 Rivonia Road (cnr Helling Road) SANDTON
tel: (011) 268 0811
e-mail: [email protected]
