Bila and Others v Monterey Body Corporate and Others (2021/5060) [2022] ZAGPJHC 100 (18 February 2022)

Bila and Others v Monterey Body Corporate and Others (2021/5060) [2022] ZAGPJHC 100 (18 February 2022)

The application for leave to appeal is dismissed because the applicants have not demonstrated reasonable prospects of success on appeal. The founding affidavit does not adequately support the contempt claim against the third respondent, and the remaining relief sought is either not properly formulated or falls within the jurisdiction of the Community Schemes Ombud Service under sections 38 and 39 of the CSOS Act. The High Court's jurisdiction is ousted in such circumstances, as confirmed by relevant case law. No compelling reason exists to grant leave to appeal, and costs should follow the result.

Citation
[2022] ZAGPJHC 100
Parties
Applicant: Ananias Bila & Others; Respondent: Monterey Body Corporate; Respondent: Pal Management Company; Respondent: Jan van den Bos; Respondent: Antonio Carlos Neiva; Respondent: Community Scheme Ombudsman Service
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 February 2022
Case Number
2021/5060
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Original Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
A Friedman
Legal Topics
Leave to Appeal, Contempt of Court, Community Schemes Ombud Service Act, Jurisdiction, Costs Order
Civil Procedure Land and Property Leave to Appeal Contempt of Court Community Schemes Ombud Service Act Jurisdiction Costs Order

Case Brief

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Parties

Ananias Bila & Others

Applicant

Monterey Body Corporate

Respondent

Pal Management Company

Respondent

Jan van den Bos

Respondent

Antonio Carlos Neiva

Respondent

Community Scheme Ombudsman Service

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Original Application

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the dismissal of their application.
  2. 2 Whether the High Court's jurisdiction is ousted by sections 38 and 39 of the Community Schemes Ombud Service Act for disputes concerning body corporate management.
  3. 3 Whether the founding affidavit adequately supports a finding of contempt against the third respondent.

Ratio Decidendi

The application for leave to appeal is dismissed because the applicants have not demonstrated reasonable prospects of success on appeal. The founding affidavit does not adequately support the contempt claim against the third respondent, and the remaining relief sought is either not properly formulated or falls within the jurisdiction of the Community Schemes Ombud Service under sections 38 and 39 of the CSOS Act. The High Court's jurisdiction is ousted in such circumstances, as confirmed by relevant case law. No compelling reason exists to grant leave to appeal, and costs should follow the result.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal the judgment and order under case no 2021/5060 handed down on 24 November 2021 is dismissed.
  • The parties listed at Caselines at 027-10 (whose names are listed in Annexure A to this judgment) are to pay the costs of the application for leave to appeal.