Jumar v Sheriff Pretoria South West and Others (Leave to Appeal) (2024-095168) [2024] ZAGPPHC 1306 (12 December 2024)

Jumar v Sheriff Pretoria South West and Others (Leave to Appeal) (2024-095168) [2024] ZAGPPHC 1306 (12 December 2024)

The court found that the respondents failed to demonstrate reasonable prospects of success on appeal or compelling reasons justifying leave to appeal. The grounds advanced, including the alleged lapse of the appeal and the introduction of new evidence regarding the warrant of ejectment and municipal arrears, did not meet the threshold set by section 17(1) of the Superior Courts Act. The court emphasized that the merits of the case remain decisive and that the respondents could have addressed procedural irregularities through available mechanisms in the Magistrates Court Rules. The application to adduce new evidence was not properly before the court, and the interests of justice did not...

Citation
[2024] ZAGPPHC 1306
Parties
Applicant: Jumar Roster Ukoleko; Respondent: Sheriff Pretoria South West, S Ismail; Respondent: Matamela Nelly Kgabi; Respondent: Executor of the Estate of the Late Selamudi Jacob Kgabi; Respondent: Lesole Mokgatle Attorneys; Respondent: Master of the High Court; Respondent: Registrar of Deeds, Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 December 2024
Case Number
2024-095168
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Urgent Interdictory Relief Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
K La M Manamela
Legal Topics
Leave to Appeal, Urgent Interdict, Eviction Order, Adducing Further Evidence, Prospects of Success, Municipal Arrears
Civil Procedure Leave to Appeal Urgent Interdict Eviction Order Adducing Further Evidence Prospects of Success Municipal Arrears

Case Brief

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Parties

Jumar Roster Ukoleko

Applicant

Sheriff Pretoria South West, S Ismail

Respondent

Matamela Nelly Kgabi

Respondent

Executor of the Estate of the Late Selamudi Jacob Kgabi

Respondent

Lesole Mokgatle Attorneys

Respondent

Master of the High Court

Respondent

Registrar of Deeds, Pretoria

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Urgent Interdictory Relief Order

Legal Issues

  1. 1 Whether the appeal against the eviction order suspended its execution.
  2. 2 Whether leave to appeal should be granted based on reasonable prospects of success or compelling reasons under section 17(1) of the Superior Courts Act.
  3. 3 Whether new evidence may be adduced on appeal regarding the warrant of ejectment and municipal arrears.

Ratio Decidendi

The court found that the respondents failed to demonstrate reasonable prospects of success on appeal or compelling reasons justifying leave to appeal. The grounds advanced, including the alleged lapse of the appeal and the introduction of new evidence regarding the warrant of ejectment and municipal arrears, did not meet the threshold set by section 17(1) of the Superior Courts Act. The court emphasized that the merits of the case remain decisive and that the respondents could have addressed procedural irregularities through available mechanisms in the Magistrates Court Rules. The application to adduce new evidence was not properly before the court, and the interests of justice did not...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The respondents are ordered to pay the costs of the application on scale C.