Blom and Others v Modiboa and Another (M364/2022) [2024] ZANWHC 4 (5 January 2024)

Blom and Others v Modiboa and Another (M364/2022) [2024] ZANWHC 4 (5 January 2024)

The court found that the grounds for appeal raised by Blom and Venter—retention right, material breach, and the just and equitable nature of eviction—are legal questions that could be interpreted differently by another court. The issues are not novel but involve interpretational matters, and it is reasonably foreseeable that another court may reach a different conclusion. Therefore, leave to appeal is granted. Regarding enforcement of the order pending appeal, the court held that no exceptional circumstances were shown, and neither party would suffer irreparable harm if execution is stayed. The harm alleged is commercial and remediable by damages. Consequently, the application to enforce...

Citation
[2024] ZANWHC 4
Parties
Applicant: Casper-Jean Blom; Applicant: Chandre Venter; Applicant: City of Matlosana Local Municipality; Respondent: Lebeko Jacob Modiboa; Respondent: Kedinnetse Cynthia Modiboa
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
5 January 2024
Case Number
M364/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Enforcement of Order
Outcome
Leave to appeal granted; application to enforce the eviction order pending appeal dismissed; costs reserved for decision on appeal.
Judges
FMM Reid
Legal Topics
Leave to Appeal, Eviction, Retention Right, Material Breach, Just and Equitable Eviction, Enforcement Pending Appeal
Civil Procedure Land and Property Leave to Appeal Eviction Retention Right Material Breach Just and Equitable Eviction Enforcement Pending Appeal

Case Brief

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Parties

Casper-Jean Blom

Applicant

Chandre Venter

Applicant

City of Matlosana Local Municipality

Applicant

Lebeko Jacob Modiboa

Respondent

Kedinnetse Cynthia Modiboa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Enforcement of Order

Legal Issues

  1. 1 Whether leave to appeal should be granted against the eviction order.
  2. 2 Whether the eviction order should be enforced pending the appeal in terms of section 18(3) of the Superior Courts Act.
  3. 3 Whether the applicants had a retention right over the property until remuneration.

Ratio Decidendi

The court found that the grounds for appeal raised by Blom and Venter—retention right, material breach, and the just and equitable nature of eviction—are legal questions that could be interpreted differently by another court. The issues are not novel but involve interpretational matters, and it is reasonably foreseeable that another court may reach a different conclusion. Therefore, leave to appeal is granted. Regarding enforcement of the order pending appeal, the court held that no exceptional circumstances were shown, and neither party would suffer irreparable harm if execution is stayed. The harm alleged is commercial and remediable by damages. Consequently, the application to enforce...

Court Disposition

Leave to appeal granted; application to enforce the eviction order pending appeal dismissed; costs reserved for decision on appeal.

Orders

  • Leave to appeal is granted to the full court of this Division.
  • The application to enforce the court order dated 3 August 2023 is dismissed.