Mashigo and Another v Solomon and Others (21436/20) [2021] ZAGPPHC 827 (30 November 2021)

Mashigo and Another v Solomon and Others (21436/20) [2021] ZAGPPHC 827 (30 November 2021)

The court found that none of the grounds advanced by the applicants had merit. The audi alteram partem principle does not entitle a party to leave to appeal outside the statutory requirements. The previous urgent court order, which was made an order of court, settled the parties' rights and obligations and overtook earlier disputes. The applicants failed to show compliance with that order, which is a prerequisite to contesting the sale and transfer of the property. The alleged latent defects were known to the applicants and thus irrelevant. The lease agreement rights transferred with the property upon sale. The eviction order granted by default is not appealable. There are no reasonable...

Citation
[2021] ZAGPPHC 827
Parties
Applicant: D.T. Mashigo; Applicant: L.G. Mashigo; Respondent: W. Solomon; Respondent: M. Magaoga; Respondent: N. Magaoga; Respondent: Registrar of Deeds: Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 November 2021
Case Number
21436/20
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
C.P. Rabie
Legal Topics
Leave to Appeal Test, Effect of Settlement Order, Latent Defects, Eviction, Audi Alteram Partem
Civil Procedure Land and Property Leave to Appeal Test Effect of Settlement Order Latent Defects Eviction Audi Alteram Partem

Case Brief

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Parties

D.T. Mashigo

Applicant

L.G. Mashigo

Applicant

W. Solomon

Respondent

M. Magaoga

Respondent

N. Magaoga

Respondent

Registrar of Deeds: Pretoria

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal.
  2. 2 Whether the audi alteram partem principle justifies granting leave to appeal.
  3. 3 Whether the previous urgent court order precludes the grounds raised by the applicants.

Ratio Decidendi

The court found that none of the grounds advanced by the applicants had merit. The audi alteram partem principle does not entitle a party to leave to appeal outside the statutory requirements. The previous urgent court order, which was made an order of court, settled the parties' rights and obligations and overtook earlier disputes. The applicants failed to show compliance with that order, which is a prerequisite to contesting the sale and transfer of the property. The alleged latent defects were known to the applicants and thus irrelevant. The lease agreement rights transferred with the property upon sale. The eviction order granted by default is not appealable. There are no reasonable...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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