Mamaila vs Mamaila and Others (41975/2020) [2022] ZAGPJHC 1040 (21 November 2022)
The court granted condonation for the late filing of the application for leave to appeal, finding the explanation for the delay satisfactory. However, after considering all grounds advanced by the applicant, the court was not satisfied that the appeal had reasonable prospects of success as required by section...
Source-derived case information.
- Citation
- [2022] ZAGPJHC 1040
- Parties
- Applicant: Patricia Maluleke Mamaila; Respondent: Makoma Martha Mamaila; Respondent: Estate Late Mohale Enos; Respondent: Master of the High Court, Johannesburg
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 41975/2020
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment
- Outcome
- Application for condonation granted; application for leave to appeal dismissed; no order as to costs.
- Judges
- C Todd
- Legal Topics
- Leave to Appeal, Condonation, Prospects of Success, Superior Courts Act
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patricia Maluleke Mamaila
Applicant
Makoma Martha Mamaila
Respondent
Estate Late Mohale Enos
Respondent
Master of the High Court, Johannesburg
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Legal Issues
- 1 Whether condonation for late filing of the application for leave to appeal should be granted.
- 2 Whether the application for leave to appeal demonstrates reasonable prospects of success as required by section 17(1)(a)(i) of the Superior Courts Act.
Ratio Decidendi
The court granted condonation for the late filing of the application for leave to appeal, finding the explanation for the delay satisfactory. However, after considering all grounds advanced by the applicant, the court was not satisfied that the appeal had reasonable prospects of success as required by section 17(1)(a)(i) of the Superior Courts Act. The application for leave to appeal was therefore dismissed.
Court Disposition
Application for condonation granted; application for leave to appeal dismissed; no order as to costs.
Orders
- Condonation for late filing of the application for leave to appeal is granted.
- The application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
37 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
Case No: 41975/2020
REPORTABLE: NO.
OF INTEREST TO OTHER JUDGES: NO.
REVISED.
In the matter between:
PATRICIA MALULEKE MAMAILA Applicant
and
MAKOMA MARTHA MAMAILA First
Respondent
ESTATE LATE MOHALE ENOS Second
Respondent
MASTER OF THE HIGH COURT,
JOHANNESBURG Third
Respondent
JUDGMENT
Todd AJ
1. This is an application for leave to appeal against a judgment that I handed down on 13 September 2022. The application was brought three or four days outside the prescribed period, and the Applicant has applied for condonation of the late filing of the application. I am satisfied that condonation should be granted.
2. The Applicant seeks leave to appeal on the ground that an appeal would have a reasonable prospect of success as contemplated in section 17(1)(a)(i) of the Superior Courts Act. In assessing prospects of success I follow the approach described in Ramakatsa and others v African National Congress and Another [2021] ZA SCA 31 at para 10.
3. Mr Maleka, who appeared for the Applicant, raised a range of grounds on which he submitted there were reasonable prospects of another court deciding the matter in favour of the Applicant. These were set out at length in the application for leave to appeal and were elaborated upon by Mr Maleka in oral submissions.
4. I have considered all of these grounds. On an overall conspectus of the matter, I am not satisfied that an appeal would have reasonable prospects of success in the sense contemplated in section 17(1)(a)(i) of the Superior Courts Act.
5. The application for condonation is granted. The application for leave to appeal is dismissed. There is no order as to costs.
C Todd
Acting Judge of the High Court of South Africa.
REFERENCES
For the Applicant: Adv.
K J Maleka
Instructed by: Leshilo
Inc. Attorneys
For the First and Second Respondents: Adv. L Mbhalati
Instructed by: Motanya
Madiba Attorneys
Hearing date: 17
November 2022
Judgment delivered: 21
November 2022