Khosa v Sishen Iron Ore Company (Pty) Limited (142/2021) [2022] ZANCHC 24 (22 April 2022)

Khosa v Sishen Iron Ore Company (Pty) Limited (142/2021) [2022] ZANCHC 24 (22 April 2022)

The court found that the applicant merely repeated arguments already addressed in the main judgment. The applicant's right to occupy the property ended with the termination of his employment, and inconvenience in preparing for the Labour Court is irrelevant to the prospects of success on appeal. The applicant failed to demonstrate any compelling reason for the appeal to be heard or that another court would reach a different conclusion. Accordingly, there are no reasonable prospects of success, and the application for leave to appeal must be dismissed.

Citation
[2022] ZANCHC 24
Parties
Applicant: Thembani Clifford Khosa; Respondent: Sishen Iron Ore Company (Pty) Limited
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
22 April 2022
Case Number
142/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Bench Following Eviction Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
Mamosebo
Legal Topics
Leave to Appeal Test, Eviction Order, Reasonable Prospects of Success, Occupation Rights
Civil Procedure Land and Property Leave to Appeal Test Eviction Order Reasonable Prospects of Success Occupation Rights

Case Brief

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Parties

Thembani Clifford Khosa

Applicant

Sishen Iron Ore Company (Pty) Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Bench Following Eviction Order

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal against the eviction order.
  2. 2 Whether there is any compelling reason for the appeal to be heard.
  3. 3 Whether the applicant's inconvenience in preparing for the Labour Court is relevant to the appeal.

Ratio Decidendi

The court found that the applicant merely repeated arguments already addressed in the main judgment. The applicant's right to occupy the property ended with the termination of his employment, and inconvenience in preparing for the Labour Court is irrelevant to the prospects of success on appeal. The applicant failed to demonstrate any compelling reason for the appeal to be heard or that another court would reach a different conclusion. Accordingly, there are no reasonable prospects of success, and the application for leave to appeal must be dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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