Gxumisa v Moloto (A2023-022151) [2023] ZAGPJHC 982 (30 August 2023)

Gxumisa v Moloto (A2023-022151) [2023] ZAGPJHC 982 (30 August 2023)

The appeal was not ripe for hearing because the appellant failed to provide a transcribed record and did not comply with the procedural requirements for enrolling the appeal. The respondent was not properly notified of the enrolment. In the interests of justice, the court determined that the appeal should be removed from the roll and postponed sine die, allowing the appellant an opportunity to obtain legal advice, comply with all requirements, and re-enrol the appeal. Costs were reserved.

Citation
[2023] ZAGPJHC 982
Parties
Appellant: GXUMISA, BONDILE; Respondent: MOLOTO, PHUTI MERCY
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 August 2023
Case Number
A2023-022151
Procedural Posture
Civil Appeal / Appeal Hearing; Matter Not Ripe for Hearing; Appeal Removed From Roll
Outcome
Appeal removed from the roll; costs reserved; appellant may re-enrol after compliance.
Judges
Moorcroft, Du Plessis
Legal Topics
Appeal Procedure, Transcription of Record, Postponement, Costs Reservation
Civil Procedure Appeal Procedure Transcription of Record Postponement Costs Reservation

Case Brief

Summary, issues, holding and outcome

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Parties

GXUMISA, BONDILE

Appellant

MOLOTO, PHUTI MERCY

Respondent

Procedural Posture

Civil Appeal / Appeal Hearing; Matter Not Ripe for Hearing; Appeal Removed From Roll

Legal Issues

  1. 1 Whether the appeal could proceed in the absence of a transcribed record.
  2. 2 Whether the appellant complied with procedural requirements for enrolling the appeal.
  3. 3 Whether justice would be served by striking the matter from the roll or postponing the appeal.

Ratio Decidendi

The appeal was not ripe for hearing because the appellant failed to provide a transcribed record and did not comply with the procedural requirements for enrolling the appeal. The respondent was not properly notified of the enrolment. In the interests of justice, the court determined that the appeal should be removed from the roll and postponed sine die, allowing the appellant an opportunity to obtain legal advice, comply with all requirements, and re-enrol the appeal. Costs were reserved.

Court Disposition

Appeal removed from the roll; costs reserved; appellant may re-enrol after compliance.

Orders

  • The appeal is removed from the roll.
  • The costs are reserved.