Jobe v Tyesi and Others (1075/2013) [2015] ZAECMHC 64 (3 September 2015)

Jobe v Tyesi and Others (1075/2013) [2015] ZAECMHC 64 (3 September 2015)

The application for leave to appeal was dismissed because the grounds of appeal were found to be bad in law, being too widely expressed and failing to comply with the requirements of Rule 49 and Section 16 of the Superior Courts Act. The notice of appeal did not clearly inform the respondent of the case to be met, and the application did not have reasonable prospects of success. The court confirmed that, as the original judgment was delivered by two judges, any appeal should be directed to the Supreme Court of Appeal, not the full court of the division. The substantive findings of the court a quo regarding the proprietary consequences of the marriage and the invalidity of the customary...

Citation
[2015] ZAECMHC 64
Parties
Applicant: Nomathamsanqa Cynthia Jobe; Respondent: Beatrice Tinky Tyesi; Respondent: Vuyani Victor Msindo; Respondent: Master of the High Court; Respondent: Gwiliza Undertakers; Respondent: First National Bank, Mthatha
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
3 September 2015
Case Number
1075/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Court
Outcome
Application for leave to appeal dismissed with costs.
Judges
P.L.C Maseti, L.P. Pakade
Legal Topics
Leave to Appeal, Customary Marriage, Community of Property, Notice of Appeal Requirements
Civil Procedure Family and Children Leave to Appeal Customary Marriage Community of Property Notice of Appeal Requirements

Case Brief

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Parties

Nomathamsanqa Cynthia Jobe

Applicant

Beatrice Tinky Tyesi

Respondent

Vuyani Victor Msindo

Respondent

Master of the High Court

Respondent

Gwiliza Undertakers

Respondent

First National Bank, Mthatha

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Court

Legal Issues

  1. 1 Whether the application for leave to appeal has reasonable prospects of success.
  2. 2 Whether another court may come to a different conclusion on the facts and law.
  3. 3 Whether the notice of appeal complies with the requirements of Rule 49 and Section 16 of the Superior Courts Act.

Ratio Decidendi

The application for leave to appeal was dismissed because the grounds of appeal were found to be bad in law, being too widely expressed and failing to comply with the requirements of Rule 49 and Section 16 of the Superior Courts Act. The notice of appeal did not clearly inform the respondent of the case to be met, and the application did not have reasonable prospects of success. The court confirmed that, as the original judgment was delivered by two judges, any appeal should be directed to the Supreme Court of Appeal, not the full court of the division. The substantive findings of the court a quo regarding the proprietary consequences of the marriage and the invalidity of the customary...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.