Jacobs and Others v Zinvomax (Pty) Ltd (CA&R32/2024; 1160/2021) [2024] ZANCHC 86 (9 September 2024)

Jacobs and Others v Zinvomax (Pty) Ltd (CA&R32/2024; 1160/2021) [2024] ZANCHC 86 (9 September 2024)

The court held that the appeal was moot because the appellants failed to lodge an application for leave to appeal to the Supreme Court of Appeal within the prescribed one-month period, as required by section 17(2)(b) of the Superior Courts Act. The subsequent condonation application did not suspend the operation and execution of the eviction order. The court found that the appellants had no legal right to occupy the property and had not challenged the respondent's locus standi in their affidavits. Exceptional circumstances justified immediate execution of the eviction order, including prolonged delays, financial losses, and the absence of any entitlement by the appellants. The appeal was...

Citation
[2024] ZANCHC 86
Parties
Appellant: Wim Jacobs; Appellant: Gao Xia Qiang; Appellant: Huang Feng; Appellant: Mike Bester; Respondent: Zinvomax (Pty) Ltd
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
9 September 2024
Case Number
CA&R32/2024; 1160/2021
Procedural Posture
Civil Appeal / Full Bench Appeal Against Execution Order Under S18 of Superior Courts Act
Outcome
Appeal struck from the roll as moot; costs awarded against appellants.
Judges
Tlaletsi JP, Nxumalo J, Stanton J
Legal Topics
Eviction Proceedings, Locus Standi, Exceptional Circumstances, Execution Pending Appeal, Municipal Property Rights
Civil Procedure Land and Property Eviction Proceedings Locus Standi Exceptional Circumstances Execution Pending Appeal Municipal Property Rights

Case Brief

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Parties

Wim Jacobs

Appellant

Gao Xia Qiang

Appellant

Huang Feng

Appellant

Mike Bester

Appellant

Zinvomax (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Full Bench Appeal Against Execution Order Under S18 of Superior Courts Act

Legal Issues

  1. 1 Whether the appeal against the execution order under section 18 of the Superior Courts Act is moot due to failure to timeously lodge an application for leave to appeal to the Supreme Court of Appeal.
  2. 2 Whether exceptional circumstances existed justifying immediate execution of the eviction order.
  3. 3 Whether the appellants have any right to occupy the property or to resist eviction.

Ratio Decidendi

The court held that the appeal was moot because the appellants failed to lodge an application for leave to appeal to the Supreme Court of Appeal within the prescribed one-month period, as required by section 17(2)(b) of the Superior Courts Act. The subsequent condonation application did not suspend the operation and execution of the eviction order. The court found that the appellants had no legal right to occupy the property and had not challenged the respondent's locus standi in their affidavits. Exceptional circumstances justified immediate execution of the eviction order, including prolonged delays, financial losses, and the absence of any entitlement by the appellants. The appeal was...

Court Disposition

Appeal struck from the roll as moot; costs awarded against appellants.

Orders

  • The appeal is struck from the roll in terms of section 16(2) of the Superior Courts Act 10 of 2013.
  • The appellants are to pay the respondent’s costs jointly and severally, the one paying the other to be absolved.