Mathilda v Shongwe and Others (40128/2013) [2019] ZAGPPHC 356 (10 July 2019)
- Citation
- [2019] ZAGPPHC 356
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- Nair
- Case number
- 40128/2013
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- Nair
- Case number
- 40128/2013
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Mahlakwana Kgake Mathilda
Appellant Counsel: Adv. L. E ThobajaneVusimuzi Elias Shongwe
Respondent Counsel: Adv. G J van NiekerkMina Nawe Housing Development
RespondentEkurhuleni Metropolitan Municipality
RespondentThe Registrar of Deeds Pretoria
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether the applicant has satisfied the requirements for leave to appeal.
- 02
Whether there are reasonable prospects of success on appeal.
Party arguments
- Applicant
- The applicant argued that the court erred in its previous judgment and that there are reasonable prospects of success on appeal. The applicant contended that material facts and legal principles were not properly considered, warranting the granting of leave to appeal.
- Respondent
- The respondents argued that the application for leave to appeal does not meet the statutory requirements, as there are no reasonable prospects of success. They maintained that the previous judgment was correct in law and fact, and that the application should be dismissed.
05
Court’s reasoning
Legal principles
- 01
Section 17(1) of the Superior Courts Act 10 of 2013
Leave to appeal will only be granted if there are reasonable prospects that another court may come to a different conclusion.
06
Ratio, limits and disposition
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.
- The application for leave to appeal is dismissed.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
(1) REPORTABLE: YES/NO
(2)
OF INTEREST TO OTHER JUDGES: YES/NO
(3) REVISED.
CASE: 40128/2013
10/7/2019
In the matter between:
MAHLAKWANA
KGAKE MATHILDA
APPELLANT
and
VUSIMUZI
ELIAS
SHONGWE
1st
RESPONDENT
MINA
NAWE HOUSING DEVELOPMENT
2nd
RESPONDENT
EKURHULENI
METROPOLITAN MUNICIPALITY
3rd
RESPONDENT
THE
REGISTRAR OF DEEDS PRETORIA
4th
RESPONDENT
JUDGMENT
NAIR AJ
Order
[1] Application leave to appeal is dismissed.
D NAIR
ACTING JUDGE OF THE HIGH COURT
GAUTENG DIVISION, PRETORIA
CASE NO: 40128/2013
HEARD ON
: 10 JUNE 2019
FOR THE APPLICANT : ADV. L. E THOBAJANE
INSTRUCTED BY :
BOTHA MASSYN
THOBAJANE ATTORNEYS
FOR THE RESPONDENT :
ADV G J VAN NIEKERK
INSTRUCTED
: BY DANIE
VANZYL ATTORNEYS
DATE OF JUDGMENT : 10 JULY 2019
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