Labuschange and Another v Van Straaten (819/2019; 4623/2019) [2021] ZAFSHC 290 (22 November 2021)

Labuschange and Another v Van Straaten (819/2019; 4623/2019) [2021] ZAFSHC 290 (22 November 2021)

The court found that the application for leave to appeal and condonation for late filing were properly brought before it, and that the matters are closely linked to the order made by Molitsoane J. Given the intertwined nature of the issues and the agreement between the parties' legal representatives, the court determined that it would be expedient and in the interests of justice for both matters to be considered simultaneously by the Full Court. The court echoed the orders made by Molitsoane J, granting condonation and leave to appeal, with costs to be costs in the appeal.

Citation
[2021] ZAFSHC 290
Parties
Applicant: Maureen Labuschagne; Applicant: Willem Adriaan Labuschage; Respondent: Ella Van Straaten
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 November 2021
Case Number
819/2019; 4623/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order; Condonation for Late Filing Also Sought.
Outcome
Condonation for late filing is granted; leave to appeal to the Full Court is granted; costs to be costs in the appeal.
Judges
Naidoo
Legal Topics
Leave to Appeal, Condonation, Eviction Order, Rescission of Judgment
Civil Procedure Leave to Appeal Condonation Eviction Order Rescission of Judgment

Case Brief

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Parties

Maureen Labuschagne

Applicant

Willem Adriaan Labuschage

Applicant

Ella Van Straaten

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order; Condonation for Late Filing Also Sought.

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether leave to appeal should be granted to the Full Court regarding the orders made on 20 February 2020.
  3. 3 Whether the enforceability of the orders is dependent on the validity of the earlier order by Molitsoane J.

Ratio Decidendi

The court found that the application for leave to appeal and condonation for late filing were properly brought before it, and that the matters are closely linked to the order made by Molitsoane J. Given the intertwined nature of the issues and the agreement between the parties' legal representatives, the court determined that it would be expedient and in the interests of justice for both matters to be considered simultaneously by the Full Court. The court echoed the orders made by Molitsoane J, granting condonation and leave to appeal, with costs to be costs in the appeal.

Court Disposition

Condonation for late filing is granted; leave to appeal to the Full Court is granted; costs to be costs in the appeal.

Orders

  • The applicants are granted condonation for the late filing of the application for leave to appeal.
  • The application for leave to appeal to the Full Court of this Division is granted.