Kosmos Ratepayers and Residents Association and Others v Madibeng Local Municipality and Others (17599/2014) [2017] ZAGPPHC 623 (22 September 2017)
The court found that, having considered the arguments and the judgment of AA Louw J, there is a possibility that another court may reach a different conclusion. Accordingly, leave to appeal to the Full Court of the Gauteng Division is granted, and costs are reserved for determination in the appeal.
Source-derived case information.
- Citation
- [2017] ZAGPPHC 623
- Parties
- Applicant: Kosmos Ratepayers and Residents Association; Applicant: Ann Litten; Applicant: Danie Pretorius NO; Applicant: Michael Jesseman NO; Respondent: Madibeng Local Municipality; Respondent: Energy Matome Manaka; Respondent: Bathabile Moabi; Respondent: The Unlawful Occupiers of Kosmos Properties; Respondent: Department of Home Affairs; Respondent: Jostina Mmamtina Mothibe
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Judgment Date
- 22 September 2017
- Case Number
- 17599/2014
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal to the Full Court
- Outcome
- Leave to appeal granted to the Full Court of the Gauteng Division; costs to be costs in the appeal.
- Judges
- C Pretorius
- Legal Topics
- Leave to Appeal, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kosmos Ratepayers and Residents Association
Applicant
Ann Litten
Applicant
Danie Pretorius NO
Applicant
Michael Jesseman NO
Applicant
Madibeng Local Municipality
Respondent
Energy Matome Manaka
Respondent
Bathabile Moabi
Respondent
The Unlawful Occupiers of Kosmos Properties
Respondent
Department of Home Affairs
Respondent
Jostina Mmamtina Mothibe
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Court
Legal Issues
- 1 Whether leave to appeal should be granted to the Full Court of the Gauteng Division.
- 2 Whether costs should be reserved for determination in the appeal.
Ratio Decidendi
The court found that, having considered the arguments and the judgment of AA Louw J, there is a possibility that another court may reach a different conclusion. Accordingly, leave to appeal to the Full Court of the Gauteng Division is granted, and costs are reserved for determination in the appeal.
Court Disposition
Leave to appeal granted to the Full Court of the Gauteng Division; costs to be costs in the appeal.
Orders
- Leave to appeal is granted to the Full Court of the Gauteng Division of the High Court.
- Costs to be costs in the appeal.
Full Case Text
Judgment text and source record
45 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Case number: 17599/2014
Date: 22/9/2017
Not reportable
Not of interest to other judges
Revised.
In the matter between:
THE KOSMOS RATEPAYERS AND RESIDENTS ASSOCIATION
FIRST APPLICANT
ANN LITTEN
SECOND APPLICANT
DANIE PRETORIUS NO
THIRD APPLICANT
MICHAEL JESSEMAN NO
FOURTH APPLICANT
And
THE MADIBENG LOCAL MUNICIPALITY
FIRST RESPONDENT
ENERGY MATOME MANAKA
SECOND RESPONDENT
BATHABILE MOABI
THIRD RESPONDENT
THE UNLAWFUL OCCUPIERS OF KOSMOS PROPERTIES
FOURTH RESPONDENT
THE DEPARTMENT OF HOME AFFAIRS
FIFTH RESPONDENT
JOSTINA MMAMTINA MOTHIBE
SIXTH RESPONDENT
JUDGMENT
PRETORIUS J.
(1) I have considered the arguments and the judgment of AA Louw J, as well as the reasons for applying for leave to appeal. In these circumstances
I find that it is possible that another court may come to a different conclusion.
(2) Consequently, I make the following order:
1. Leave to appeal is granted to the Full Court of the Gauteng Division of the High Court.
2. Costs to be costs in the appeal.
_______________
Judge C. Pretorius
Case number : 17599/2014
Matter heard on : 20 September 2017
For the Applicants : Adv PA Venter
Instructed by : Vermaak and Partners Inc
For the Respondent
Instructed by : TF Matlakala Attorneys
Date of Judgment : 22 September 2017