Koko v Koko (5403/2016) [2020] ZALMPPHC 72 (25 August 2020)

Koko v Koko (5403/2016) [2020] ZALMPPHC 72 (25 August 2020)

The application for leave to appeal was filed more than 21 months after the order was granted, without any application for condonation or explanation for the delay. Rule 49(1)(b) requires such applications to be brought within 15 days, and failure to comply is fatal. The liquidator appointed by the court has already finalised the division of the joint estate and filed a report, which has not been challenged. The applicant's contention that the respondent is only entitled to the value of her share as at the date of divorce is contrary to established legal principles. The respondent retains her rights as co-owner until division, and the value is determined at the date of division, not...

Citation
[2020] ZALMPPHC 72
Parties
Applicant: Kgabo Jeanette Koko; Respondent: Jeffeney Grace Koko [born: Legora]
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
25 August 2020
Case Number
5403/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application and Appointment of Liquidator
Outcome
Application for leave to appeal dismissed with costs.
Judges
Mangena
Legal Topics
Division of Joint Estate, Co Ownership, Leave to Appeal, Condonation, Valuation of Property
Land and Property Civil Procedure Division of Joint Estate Co Ownership Leave to Appeal Condonation Valuation of Property

Case Brief

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Parties

Kgabo Jeanette Koko

Applicant

Jeffeney Grace Koko [born: Legora]

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application and Appointment of Liquidator

Legal Issues

  1. 1 Whether the application for leave to appeal should be granted despite being filed out of time.
  2. 2 Whether the respondent is entitled to a share of the property valued at the date of division or at the date of divorce.
  3. 3 Whether the applicant is entitled to compensation for improvements and expenses incurred on the property.

Ratio Decidendi

The application for leave to appeal was filed more than 21 months after the order was granted, without any application for condonation or explanation for the delay. Rule 49(1)(b) requires such applications to be brought within 15 days, and failure to comply is fatal. The liquidator appointed by the court has already finalised the division of the joint estate and filed a report, which has not been challenged. The applicant's contention that the respondent is only entitled to the value of her share as at the date of divorce is contrary to established legal principles. The respondent retains her rights as co-owner until division, and the value is determined at the date of division, not...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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