Makubire and Others v Vision Point Properties CC (01670/2020) [2021] ZAGPJHC 749 (26 November 2021)

Makubire and Others v Vision Point Properties CC (01670/2020) [2021] ZAGPJHC 749 (26 November 2021)

The applicants failed to meet the stringent requirements for leave to appeal as set out in section 17(1) of the Superior Courts Act. The grounds raised regarding section 30 of the Administration of Estates Act were not properly pleaded or supported by evidence in the papers, and were only introduced in argument. The challenge based on Rule 46A was misplaced, as it was relevant to the sale in execution and not to the eviction application against a bona fide third-party purchaser. No compelling reason or prospect of success was demonstrated. Accordingly, the application for leave to appeal must be dismissed.

Citation
[2021] ZAGPJHC 749
Parties
Applicant: Grace Kelly Makubire; Applicant: Grace Kelly Makubire NO; Applicant: All Occupiers of Erf 56 Stratford Township Registration Division J.R Gauteng; Respondent: Vision Point Properties CC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 November 2021
Case Number
01670/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Eviction Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
Senyatsi ML
Legal Topics
Leave to Appeal, Eviction, Administration of Deceased Estates, Rule 46a, Prospects of Success
Civil Procedure Land and Property Leave to Appeal Eviction Administration of Deceased Estates Rule 46a Prospects of Success

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Parties

Grace Kelly Makubire

Applicant

Grace Kelly Makubire NO

Applicant

All Occupiers of Erf 56 Stratford Township Registration Division J.R Gauteng

Applicant

Vision Point Properties CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Eviction Order

Legal Issues

  1. 1 Whether the applicants have met the requirements for leave to appeal under section 17(1) of the Superior Courts Act.
  2. 2 Whether the grounds raised regarding section 30 of the Administration of Estates Act and Rule 46A of the Uniform Rules justify granting leave to appeal.
  3. 3 Whether there are reasonable prospects that another court would reach a different conclusion.

Ratio Decidendi

The applicants failed to meet the stringent requirements for leave to appeal as set out in section 17(1) of the Superior Courts Act. The grounds raised regarding section 30 of the Administration of Estates Act were not properly pleaded or supported by evidence in the papers, and were only introduced in argument. The challenge based on Rule 46A was misplaced, as it was relevant to the sale in execution and not to the eviction application against a bona fide third-party purchaser. No compelling reason or prospect of success was demonstrated. Accordingly, the application for leave to appeal must be dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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