Mailula and Another v Matsi Law Chambers Inc (Leave to Appeal) (46358/2021) [2023] ZAGPPHC 659 (10 August 2023)

Mailula and Another v Matsi Law Chambers Inc (Leave to Appeal) (46358/2021) [2023] ZAGPPHC 659 (10 August 2023)

The court found that the order of 17 March 2022 was not appealable as it was not final or definitive of the applicants' rights; the applicants retained the right to directly appeal the decision of Baqwa J. The alleged defects in the respondent's affidavits were not material, as the Regulations governing the commissioning of affidavits are directory and substantial compliance was achieved. The failure to initial each page and annexure did not render the affidavits fatally defective. The court held that there was no procedural irregularity in its handling of the Section 18 application and that the applicants' preliminary objections lacked merit. Consequently, there were no reasonable...

Citation
[2023] ZAGPPHC 659
Parties
Applicant: Lesiba Jeremiah Mailula; Applicant: Lesiba Mailula Attorneys Inc; Respondent: Matsi Law Chambers Inc
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 August 2023
Case Number
46358/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Order of 17 March 2022
Outcome
Application for leave to appeal dismissed with costs.
Judges
Sardiwalla
Legal Topics
Leave to Appeal, Affidavit Irregularity, Commissioner of Oaths, Appealability of Order
Civil Procedure Leave to Appeal Affidavit Irregularity Commissioner of Oaths Appealability of Order

Case Brief

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Parties

Lesiba Jeremiah Mailula

Applicant

Lesiba Mailula Attorneys Inc

Applicant

Matsi Law Chambers Inc

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Order of 17 March 2022

Legal Issues

  1. 1 Whether the order of 17 March 2022 is appealable.
  2. 2 Whether the respondent's affidavits were fatally defective for non-compliance with the Commissioner of Oaths Act and Regulations.
  3. 3 Whether the court erred by not ruling on preliminary points in limine before disposing of the Section 18 application.

Ratio Decidendi

The court found that the order of 17 March 2022 was not appealable as it was not final or definitive of the applicants' rights; the applicants retained the right to directly appeal the decision of Baqwa J. The alleged defects in the respondent's affidavits were not material, as the Regulations governing the commissioning of affidavits are directory and substantial compliance was achieved. The failure to initial each page and annexure did not render the affidavits fatally defective. The court held that there was no procedural irregularity in its handling of the Section 18 application and that the applicants' preliminary objections lacked merit. Consequently, there were no reasonable...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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