Mathilda v Shongwe and Others (40128/2013) [2019] ZAGPPHC 356 (10 July 2019)

Mathilda v Shongwe and Others (40128/2013) [2019] ZAGPPHC 356 (10 July 2019)

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. After considering the submissions and the record, the court was not persuaded that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed.

Citation
[2019] ZAGPPHC 356
Parties
Appellant: Mahlakwana Kgake Mathilda; Respondent: Vusimuzi Elias Shongwe; Respondent: Mina Nawe Housing Development; Respondent: Ekurhuleni Metropolitan Municipality; Respondent: The Registrar of Deeds Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 July 2019
Case Number
40128/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed.
Judges
Nair
Legal Topics
Leave to Appeal, Dismissal of Application
Civil Procedure Leave to Appeal Dismissal of Application

Case Brief

Summary, issues, holding and outcome

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Parties

Mahlakwana Kgake Mathilda

Appellant

Vusimuzi Elias Shongwe

Respondent

Mina Nawe Housing Development

Respondent

Ekurhuleni Metropolitan Municipality

Respondent

The Registrar of Deeds Pretoria

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has satisfied the requirements for leave to appeal.
  2. 2 Whether there are reasonable prospects of success on appeal.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. After considering the submissions and the record, the court was not persuaded that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.