Lisbon Developments (Pty) Ltd and Others v Mhlongo and Others (Leave to Appeal) (1904/2023) [2025] ZAMPMBHC 64 (28 July 2025)

Lisbon Developments (Pty) Ltd and Others v Mhlongo and Others (Leave to Appeal) (1904/2023) [2025] ZAMPMBHC 64 (28 July 2025)

The Court found that, although it stands by its original judgment and order, the magnitude of the matter and its potential impact on other communities necessitate a higher court's pronouncement. The issues raised are of substance and public importance, particularly regarding the sale, management, and development of land owned by a trust for the benefit of a community. The Court concluded that compelling reasons exist for granting leave to appeal, as contemplated by Section 17(1)(a)(iii) of the Superior Court Act.

Citation
[2025] ZAMPMBHC 64
Parties
Applicant: Lisbon Developments (Pty) Ltd; Applicant: Magic Breakaways (Pty) Ltd; Applicant: Legacy Group Holdings (Pty) Ltd; Applicant: Registrar of Deeds: Mpumalanga; Applicant: Nomsa Muhlawuri Manyike; Applicant: Madoda Isaac Tjie; Applicant: Themba Tibane; Applicant: Minister of Land Reform and Development; Respondent: Ingrid Mhlongo; Respondent: James Khumalo; Respondent: Thuthane Adolph Tjia; Respondent: Majiane Eveline Mkhansi; Respondent: Samson Mhlongo; Respondent: Frank Mhlongo
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
28 July 2025
Case Number
1904/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order
Outcome
Leave to appeal to the Supreme Court of Appeal is granted.
Judges
Mashile
Legal Topics
Trust Law, Alienation of Land Act, Leave to Appeal, Community Land Rights, Motion Proceedings, Deeds Registry Act
Land and Property Civil Procedure Commercial and Corporate Trust Law Alienation of Land Act Leave to Appeal Community Land Rights Motion Proceedings +1 more

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Parties

Lisbon Developments (Pty) Ltd

Applicant

Magic Breakaways (Pty) Ltd

Applicant

Legacy Group Holdings (Pty) Ltd

Applicant

Registrar of Deeds: Mpumalanga

Applicant

Nomsa Muhlawuri Manyike

Applicant

Madoda Isaac Tjie

Applicant

Themba Tibane

Applicant

Minister of Land Reform and Development

Applicant

Ingrid Mhlongo

Respondent

James Khumalo

Respondent

Thuthane Adolph Tjia

Respondent

Majiane Eveline Mkhansi

Respondent

Samson Mhlongo

Respondent

Frank Mhlongo

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order

Legal Issues

  1. 1 Whether the judgment and order regarding the invalidity of the trust resolution and property transfer were correct in law and fact.
  2. 2 Whether leave to appeal should be granted given the magnitude and public importance of the matter.
  3. 3 Whether the application of trust law and the Alienation of Land Act was properly interpreted.

Ratio Decidendi

The Court found that, although it stands by its original judgment and order, the magnitude of the matter and its potential impact on other communities necessitate a higher court's pronouncement. The issues raised are of substance and public importance, particularly regarding the sale, management, and development of land owned by a trust for the benefit of a community. The Court concluded that compelling reasons exist for granting leave to appeal, as contemplated by Section 17(1)(a)(iii) of the Superior Court Act.

Court Disposition

Leave to appeal to the Supreme Court of Appeal is granted.

Orders

  • Leave to appeal to the Supreme Court of Appeal is granted.
  • Costs shall be those in the appeal.