L.A.M. and Another v E.M. and Another (Leave to Appeal) (2025/066517) [2025] ZAGPJHC 684 (7 July 2025)

L.A.M. and Another v E.M. and Another (Leave to Appeal) (2025/066517) [2025] ZAGPJHC 684 (7 July 2025)

The court found that the order regarding the matrimonial home was interim and not appealable, as it did not have final effect nor did the respondents demonstrate exceptional circumstances. The orders concerning the trust were based on uncontested facts, including the removal of the fifth respondent as trustee and the second applicant's locus standi as sole trustee. The respondents' interpretation of the notice of motion was rejected as opportunistic and unsupported by the affidavits. The costs order was upheld, as the first respondent's conduct justified the award despite the applicants' limited success. The court concluded that there were no reasonable prospects of success on appeal nor...

Citation
[2025] ZAGPJHC 684
Parties
Applicant: L[...] A[...] M[...]; Applicant: L[...] A[...] M[...] NO; Respondent: E[...] M[...]; Respondent: E[...] M[...] NO
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 July 2025
Case Number
2025/066517
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Main Judgment
Outcome
Application for leave to appeal dismissed with costs, including counsel's fees on scale B.
Judges
Liebenberg
Legal Topics
Interim Relief, Appealability of Orders, Trust Management, Costs Award, Matrimonial Litigation
Family and Children Civil Procedure Interim Relief Appealability of Orders Trust Management Costs Award Matrimonial Litigation

Case Brief

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Parties

L[...] A[...] M[...]

Applicant

L[...] A[...] M[...] NO

Applicant

E[...] M[...]

Respondent

E[...] M[...] NO

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Main Judgment

Legal Issues

  1. 1 Whether the interim order regarding the matrimonial home is appealable.
  2. 2 Whether the orders relating to the trust and its assets are susceptible to appeal.
  3. 3 Whether the costs order granted against the first respondent is open to appeal.

Ratio Decidendi

The court found that the order regarding the matrimonial home was interim and not appealable, as it did not have final effect nor did the respondents demonstrate exceptional circumstances. The orders concerning the trust were based on uncontested facts, including the removal of the fifth respondent as trustee and the second applicant's locus standi as sole trustee. The respondents' interpretation of the notice of motion was rejected as opportunistic and unsupported by the affidavits. The costs order was upheld, as the first respondent's conduct justified the award despite the applicants' limited success. The court concluded that there were no reasonable prospects of success on appeal nor...

Court Disposition

Application for leave to appeal dismissed with costs, including counsel's fees on scale B.

Orders

  • The application for leave to appeal is dismissed with costs, including counsel's fees on scale B.