All Hearts Foundation NPO and Others v Roon (Leave to Appeal) (23481/2020) [2022] ZAGPPHC 373 (27 May 2022)

All Hearts Foundation NPO and Others v Roon (Leave to Appeal) (23481/2020) [2022] ZAGPPHC 373 (27 May 2022)

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal against the judgment and eviction order. The judge considered all arguments raised by the applicants, including the interests of the animals, but concluded that no compelling reasons exist for the appeal to be heard. The court was satisfied that its reasoning in the original judgment was sufficient and that the applicants' grounds for appeal had already been addressed. Consequently, both the application for condonation and the application for leave to appeal were refused with costs.

Citation
[2022] ZAGPPHC 373
Parties
Applicant: All Hearts Foundation NPO; Applicant: Alexandra Christine Lennon; Applicant: Ronnie Kim Austen; Respondent: Greta Algonda Betsy Carla Roon
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 May 2022
Case Number
23481/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Eviction Order
Outcome
Application for condonation for late filing and application for leave to appeal refused with costs.
Judges
JF Barnardt
Legal Topics
Leave to Appeal, Condonation, Eviction, Lease Cancellation, Pie Act Application
Civil Procedure Land and Property Leave to Appeal Condonation Eviction Lease Cancellation Pie Act Application

Case Brief

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Parties

All Hearts Foundation NPO

Applicant

Alexandra Christine Lennon

Applicant

Ronnie Kim Austen

Applicant

Greta Algonda Betsy Carla Roon

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Eviction Order

Legal Issues

  1. 1 Whether condonation for late filing of the application for leave to appeal should be granted.
  2. 2 Whether leave to appeal against the eviction order and cancellation of lease agreement should be granted.
  3. 3 Whether the applicants have demonstrated reasonable prospects of success on appeal or other compelling reasons for leave to appeal.

Ratio Decidendi

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal against the judgment and eviction order. The judge considered all arguments raised by the applicants, including the interests of the animals, but concluded that no compelling reasons exist for the appeal to be heard. The court was satisfied that its reasoning in the original judgment was sufficient and that the applicants' grounds for appeal had already been addressed. Consequently, both the application for condonation and the application for leave to appeal were refused with costs.

Court Disposition

Application for condonation for late filing and application for leave to appeal refused with costs.

Orders

  • The applicants' application for condonation for the late filing of the appeal is refused with costs.
  • The applicants' application for leave to appeal is refused with costs.