Masilo v Esterhuizen and Another (M560/2021) [2023] ZANWHC 50 (21 April 2023)

Masilo v Esterhuizen and Another (M560/2021) [2023] ZANWHC 50 (21 April 2023)

The court found that the applicant's arguments in support of leave to appeal were substantially the same as those raised and considered in the main application. The grounds advanced did not demonstrate reasonable prospects of success or any compelling reason for the appeal to be heard. The court was satisfied that its previous judgment was correct and that another court would not reach a different conclusion. Accordingly, the application for leave to appeal was dismissed, and the applicant was ordered to pay the costs.

Citation
[2023] ZANWHC 50
Parties
Applicant: Regina K F Masilo; Respondent: Hester J A Esterhuizen; Respondent: Sarel J M Theron
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
21 April 2023
Case Number
M560/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Eviction Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
J T Djaje
Legal Topics
Eviction, Leave to Appeal, Alienation of Land Act, Oral Agreement, Costs Order
Land and Property Civil Procedure Eviction Leave to Appeal Alienation of Land Act Oral Agreement Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Regina K F Masilo

Applicant

Hester J A Esterhuizen

Respondent

Sarel J M Theron

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Eviction Order

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the eviction order.
  2. 2 Whether the cancellation of the deed of sale and subsequent eviction were lawful.
  3. 3 Whether the oral agreement and tribal authority requirements affect the validity of the sale and eviction.

Ratio Decidendi

The court found that the applicant's arguments in support of leave to appeal were substantially the same as those raised and considered in the main application. The grounds advanced did not demonstrate reasonable prospects of success or any compelling reason for the appeal to be heard. The court was satisfied that its previous judgment was correct and that another court would not reach a different conclusion. Accordingly, the application for leave to appeal was dismissed, and the applicant was ordered to pay the costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Application for leave to appeal is dismissed.
  • The applicant is ordered to pay costs.