Khwela and Others v Imalenai and Others (48512/ 2021) [2023] ZAGPJHC 419 (4 May 2023)

Khwela and Others v Imalenai and Others (48512/ 2021) [2023] ZAGPJHC 419 (4 May 2023)

The court found that the applicants had complied with the eviction order and vacated the premises, rendering the dispute between the parties moot. The applicants were unable to provide security for costs, which is a critical requirement for pursuing an appeal. In terms of the Superior Courts Act, leave to appeal may...

Source-derived case information.

Citation
[2023] ZAGPJHC 419
Parties
Applicant: Stanley Khuta Khwela; Applicant: Maria Khwela; Applicant: Buysile Maureen Masuku; Respondent: Julius Imalenai; Respondent: Theresa O Eghonoghon; Respondent: City of Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 May 2023
Case Number
48512/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Eviction Order
Outcome
Application for leave to appeal dismissed; costs awarded against applicants.
Judges
Mahomed
Legal Topics
Leave to Appeal, Eviction Order, Security for Costs, Superior Courts Act, Compliance With Court Order
Civil Procedure Land and Property Leave to Appeal Eviction Order Security for Costs Superior Courts Act Compliance With Court Order

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Parties

Stanley Khuta Khwela

Applicant

Maria Khwela

Applicant

Buysile Maureen Masuku

Applicant

Julius Imalenai

Respondent

Theresa O Eghonoghon

Respondent

City of Johannesburg

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Eviction Order

Legal Issues

  1. 1 Whether leave to appeal should be granted after applicants have complied with the eviction order.
  2. 2 Whether the appeal would have any practical effect or result given compliance.
  3. 3 Whether applicants can afford and are required to provide security for costs.

Ratio Decidendi

The court found that the applicants had complied with the eviction order and vacated the premises, rendering the dispute between the parties moot. The applicants were unable to provide security for costs, which is a critical requirement for pursuing an appeal. In terms of the Superior Courts Act, leave to appeal may only be granted if the appeal would have a practical effect or result. As the applicants had already vacated the property and the respondents had taken occupation, there was no longer a live dispute. The court concluded that granting leave to appeal would serve no practical purpose and dismissed the application for leave to appeal.

Court Disposition

Application for leave to appeal dismissed; costs awarded against applicants.

Orders

  • The application for leave is dismissed.
  • The applicants shall pay the respondents' costs on a party to party scale.