A. Introduction

[1] This matter came up before us on 15 January 2025. We heard oral submissions from learned counsel representing the respective parties. At the conclusion of those submissions, we were unable to render a decision on that day. Therefore, we informed learned counsel that additional time was needed to consider the respective submissions and that they would be notified once a decision had been reached regarding this appeal. We have made our decision and here are the reasons for our judgment. In this judgment, parties will be referred to as they were in the High Court.

[2] The present appeal arose from the Court of Appeal's decision allowing t