Mashilo v Lemmer and Others (33669/2021) [2024] ZAGPPHC 329 (12 April 2024)

Mashilo v Lemmer and Others (33669/2021) [2024] ZAGPPHC 329 (12 April 2024)

The court found, after considering the heads of argument and authorities cited, that there were no reasonable prospects that another court would reach a different conclusion regarding the order staying the eviction application and referring the matter to trial. Furthermore, there was no compelling reason why an appeal should be entertained. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2024] ZAGPPHC 329
Parties
Applicant: Fridah Mosima Mashilo; Respondent: Johann Richard Lemmer; Respondent: Anna Maria Elizabeth Lemmer; Respondent: Jan Hendrik Marx; Respondent: Stephan Fourie Attorneys; Respondent: Registrar of Deeds, South Africa; Respondent: Thornbrook Golf Estate Property Owners' Association; Respondent: The City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 April 2024
Case Number
33669/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Staying Eviction and Referring Dispute to Trial
Outcome
Application for leave to appeal dismissed with costs.
Judges
WJ du Plessis
Legal Topics
Leave to Appeal, Reasonable Prospects of Success, Costs Order, Dispute of Fact, Eviction Stay
Civil Procedure Leave to Appeal Reasonable Prospects of Success Costs Order Dispute of Fact Eviction Stay

Case Brief

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Parties

Fridah Mosima Mashilo

Applicant

Johann Richard Lemmer

Respondent

Anna Maria Elizabeth Lemmer

Respondent

Jan Hendrik Marx

Respondent

Stephan Fourie Attorneys

Respondent

Registrar of Deeds, South Africa

Respondent

Thornbrook Golf Estate Property Owners' Association

Respondent

The City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Staying Eviction and Referring Dispute to Trial

Legal Issues

  1. 1 Whether leave to appeal should be granted against the order staying the eviction application and referring the matter to trial.
  2. 2 Whether the appeal has reasonable prospects of success or there is a compelling reason for it to be heard.

Ratio Decidendi

The court found, after considering the heads of argument and authorities cited, that there were no reasonable prospects that another court would reach a different conclusion regarding the order staying the eviction application and referring the matter to trial. Furthermore, there was no compelling reason why an appeal should be entertained. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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