Mamakoko v Mnisi and Others (A67/2024) [2025] ZAMPMHC 12 (11 March 2025)

Mamakoko v Mnisi and Others (A67/2024) [2025] ZAMPMHC 12 (11 March 2025)

The court found that condonation for the late filing of the appeal should be granted, as any delay was trivial and not properly established. The application to introduce further evidence (the birth certificate) was dismissed because the evidence was not before the court and its reliability could not be assessed. The Magistrate erred by refusing to consider evidence material to the central dispute of paternity and by focusing solely on the pleadings. The eviction order was premature, as the appellant’s occupation of the dwelling was lawful pending distribution of the deceased estate. The respondents, while having locus standi as executor and heirs, were not entitled to an eviction order...

Citation
[2025] ZAMPMHC 12
Parties
Appellant: Thabiso Harold Mamakoko; Respondent: Keletso Queen Mnisi; Respondent: Kedibone Ennie Mamakoko; Respondent: Elias Motsoaledi Local Municipality
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
11 March 2025
Case Number
A67/2024
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Eviction Order; Applications for Condonation and Further Evidence on Appeal
Outcome
Appeal upheld; eviction order set aside; costs awarded to appellant.
Judges
Langa, Roelofse
Legal Topics
Eviction Proceedings, Condonation, Intestate Succession, Admission of Further Evidence, Locus Standi
Land and Property Civil Procedure Eviction Proceedings Condonation Intestate Succession Admission of Further Evidence Locus Standi

Case Brief

Summary, issues, holding and outcome

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Parties

Thabiso Harold Mamakoko

Appellant

Keletso Queen Mnisi

Respondent

Kedibone Ennie Mamakoko

Respondent

Elias Motsoaledi Local Municipality

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Eviction Order; Applications for Condonation and Further Evidence on Appeal

Legal Issues

  1. 1 Whether condonation for late filing of the appeal should be granted.
  2. 2 Whether further evidence (birth certificate) should be admitted on appeal.
  3. 3 Whether the eviction order was appropriate prior to distribution of the deceased estate.

Ratio Decidendi

The court found that condonation for the late filing of the appeal should be granted, as any delay was trivial and not properly established. The application to introduce further evidence (the birth certificate) was dismissed because the evidence was not before the court and its reliability could not be assessed. The Magistrate erred by refusing to consider evidence material to the central dispute of paternity and by focusing solely on the pleadings. The eviction order was premature, as the appellant’s occupation of the dwelling was lawful pending distribution of the deceased estate. The respondents, while having locus standi as executor and heirs, were not entitled to an eviction order...

Court Disposition

Appeal upheld; eviction order set aside; costs awarded to appellant.

Orders

  • Condonation for the late noting of the appeal is granted.
  • The application to introduce further evidence on appeal is dismissed.