Masilela and Others v Masilela and Another (Leave to Appeal) (70305/2018) [2024] ZAGPPHC 534 (19 June 2024)

Masilela and Others v Masilela and Another (Leave to Appeal) (70305/2018) [2024] ZAGPPHC 534 (19 June 2024)

The court found that the applicants failed to obtain any further evidence from the Municipality and did not seek to introduce new evidence before the appeal court. The investigation into additional documentation should have been completed before the matter was heard on oral evidence. Even if condonation were granted on the basis of the interests of justice, there was no rational or sound basis for doing so, as there were no reasonable prospects of success on appeal. The statutory requirements for leave to appeal under section 17 of the Superior Courts Act were not satisfied.

Citation
[2024] ZAGPPHC 534
Parties
Applicant: Sibusiso Koos Masilela; Applicant: Elizabeth Kgeleswane Masilela; Applicant: The City of Tshwane Metropolitan Municipality; Respondent: Lindi Ronsy Masilela; Respondent: Gerald Masilela
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 June 2024
Case Number
70305/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 19 January 2024.
Outcome
Application for leave to appeal dismissed with costs.
Judges
S. Potterill
Legal Topics
Leave to Appeal, Condonation, Reasonable Prospects of Success, Superior Courts Act
Civil Procedure Leave to Appeal Condonation Reasonable Prospects of Success Superior Courts Act

Case Brief

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Parties

Sibusiso Koos Masilela

Applicant

Elizabeth Kgeleswane Masilela

Applicant

The City of Tshwane Metropolitan Municipality

Applicant

Lindi Ronsy Masilela

Respondent

Gerald Masilela

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 19 January 2024.

Legal Issues

  1. 1 Whether leave to appeal should be granted under section 17 of the Superior Courts Act.
  2. 2 Whether condonation for late filing should be granted based on the applicants' stated reasons.
  3. 3 Whether there are reasonable prospects of success on appeal.

Ratio Decidendi

The court found that the applicants failed to obtain any further evidence from the Municipality and did not seek to introduce new evidence before the appeal court. The investigation into additional documentation should have been completed before the matter was heard on oral evidence. Even if condonation were granted on the basis of the interests of justice, there was no rational or sound basis for doing so, as there were no reasonable prospects of success on appeal. The statutory requirements for leave to appeal under section 17 of the Superior Courts Act were not satisfied.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs of the application.