Key Results Properties (Pty) Ltd and Another v Kgoele (Leave to Appeal) (94127/2016; 64481/2017) [2024] ZAGPPHC 943 (26 September 2024)

Key Results Properties (Pty) Ltd and Another v Kgoele (Leave to Appeal) (94127/2016; 64481/2017) [2024] ZAGPPHC 943 (26 September 2024)

The court found that the applicants failed to demonstrate any reasonable prospect of success or compelling reason for leave to appeal. Their grounds of appeal were voluminous but lacked specificity and did not identify any error in fact or law. The applicants did not comply with the requirements for clear and succinct grounds as set out in the Uniform Rules. The court confirmed that the contracts relied upon by the applicants were not legally binding and that the findings regarding the interests of the fourth respondent (SAHL) were sound. Regarding costs, the court held that the fourth respondent was justified in seeking postponement to consider the judgment and should not be liable for...

Citation
[2024] ZAGPPHC 943
Parties
Applicant: Key Results Properties (Pty) Ltd; Applicant: Ernst Phillipus Blignaut; Respondent: Mmamabiri Leah Kgoele; Respondent: Registrar of Deeds: Pretoria; Respondent: South African Home Loans
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 September 2024
Case Number
94127/2016; 64481/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Rescission of Eviction Order and Cancellation of Property Transfer.
Outcome
Leave to appeal is dismissed with costs.
Judges
J.T Leso
Legal Topics
Leave to Appeal, Rescission of Eviction Order, Cancellation of Property Transfer, Deeds Registries Act, Costs of Postponement
Civil Procedure Land and Property Leave to Appeal Rescission of Eviction Order Cancellation of Property Transfer Deeds Registries Act Costs of Postponement

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Parties

Key Results Properties (Pty) Ltd

Applicant

Ernst Phillipus Blignaut

Applicant

Mmamabiri Leah Kgoele

Respondent

Registrar of Deeds: Pretoria

Respondent

South African Home Loans

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Rescission of Eviction Order and Cancellation of Property Transfer.

Legal Issues

  1. 1 Whether the applicants have demonstrated reasonable prospects of success for leave to appeal.
  2. 2 Whether the grounds of appeal are sufficiently particularized to justify leave to appeal.
  3. 3 Whether the costs occasioned by the postponement should be borne by the fourth respondent.

Ratio Decidendi

The court found that the applicants failed to demonstrate any reasonable prospect of success or compelling reason for leave to appeal. Their grounds of appeal were voluminous but lacked specificity and did not identify any error in fact or law. The applicants did not comply with the requirements for clear and succinct grounds as set out in the Uniform Rules. The court confirmed that the contracts relied upon by the applicants were not legally binding and that the findings regarding the interests of the fourth respondent (SAHL) were sound. Regarding costs, the court held that the fourth respondent was justified in seeking postponement to consider the judgment and should not be liable for...

Court Disposition

Leave to appeal is dismissed with costs.

Orders

  • Leave to appeal is dismissed.
  • The applicants are to pay the costs of this application.