Manzi v Manzi (Born Ntsizi) and Others (896/2024) [2024] ZAECMHC 28 (14 May 2024)

Manzi v Manzi (Born Ntsizi) and Others (896/2024) [2024] ZAECMHC 28 (14 May 2024)

The court found that the applicant failed to establish any reasonable prospect of success for leave to appeal as required by Section 17(1) of the Superior Courts Act. The grounds advanced were either misconstrued, unsupported by law, or contradicted by the facts and the court's previous reasoning. The application was further rendered moot as the burial had already taken place, and the relief sought was no longer attainable. The applicant's conduct in pursuing the application, despite extensive reasons provided and without amending his grounds, was deemed frivolous and vexatious. Accordingly, the application for leave to appeal was refused, and costs were awarded against the applicant on...

Citation
[2024] ZAECMHC 28
Parties
Applicant: Ntsikelelo Manzi; Respondent: Nondumiso Manzi (Born Ntsizi); Respondent: Nothabo Manzi; Respondent: AVBOB Funeral Services – Mthatha
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
14 May 2024
Case Number
896/2024
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Reconsideration and Discharge of Interim Order
Outcome
Application for leave to appeal refused with costs on an attorney and client scale.
Judges
MN Notunununu
Legal Topics
Leave to Appeal, Urgent Application, Burial Rights, Customary Law, Costs Award
Civil Procedure Family and Children Leave to Appeal Urgent Application Burial Rights Customary Law Costs Award

Case Brief

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Parties

Ntsikelelo Manzi

Applicant

Nondumiso Manzi (Born Ntsizi)

Respondent

Nothabo Manzi

Respondent

AVBOB Funeral Services – Mthatha

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Reconsideration and Discharge of Interim Order

Legal Issues

  1. 1 Whether the applicant has established reasonable prospects of success for leave to appeal.
  2. 2 Whether the application for leave to appeal is moot due to the burial having already occurred.
  3. 3 Whether the applicant's grounds for leave to appeal are supported by law and fact.

Ratio Decidendi

The court found that the applicant failed to establish any reasonable prospect of success for leave to appeal as required by Section 17(1) of the Superior Courts Act. The grounds advanced were either misconstrued, unsupported by law, or contradicted by the facts and the court's previous reasoning. The application was further rendered moot as the burial had already taken place, and the relief sought was no longer attainable. The applicant's conduct in pursuing the application, despite extensive reasons provided and without amending his grounds, was deemed frivolous and vexatious. Accordingly, the application for leave to appeal was refused, and costs were awarded against the applicant on...

Court Disposition

Application for leave to appeal refused with costs on an attorney and client scale.

Orders

  • The application for leave to appeal the order granted on 24 February 2024 is refused.
  • The applicant shall pay costs on an attorney and client scale.