Mdlalose v Kamba and Others (2015/05289) [2015] ZAGPJHC 289 (18 December 2015)

Mdlalose v Kamba and Others (2015/05289) [2015] ZAGPJHC 289 (18 December 2015)

The court held that the refusal to postpone the eviction hearing by the First Respondent did not amount to gross irregularity as contemplated by Section 24 of the Superior Courts Act. The Applicant was afforded multiple opportunities to file her answering affidavit and secure legal representation. The reasons advanced for further postponement were not satisfactory, and the medical evidence did not establish incapacity. The Applicant failed to instruct alternative counsel despite knowing her attorney's health issues. The prejudice to the Second Respondent, who was denied possession and rental income, outweighed the Applicant's claim. The First Respondent acted fairly by allowing the...

Citation
[2015] ZAGPJHC 289
Parties
Applicant: Gladys Mdlalose; Respondent: Magistrate Nomvuyo Kamba; Respondent: Shades of Summer Investments 27 CC; Respondent: Sheriff or his Deputy
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 December 2015
Case Number
2015/05289
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed with costs.
Judges
Mashile
Legal Topics
Review of Magistrate Decision, Eviction Proceedings, Postponement of Hearing, Right to Legal Representation
Civil Procedure Land and Property Review of Magistrate Decision Eviction Proceedings Postponement of Hearing Right to Legal Representation

Case Brief

Summary, issues, holding and outcome

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Parties

Gladys Mdlalose

Applicant

Magistrate Nomvuyo Kamba

Respondent

Shades of Summer Investments 27 CC

Respondent

Sheriff or his Deputy

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the refusal by the First Respondent to postpone the eviction hearing is reviewable by this court.
  2. 2 Whether it was grossly irregular for the First Respondent to allow the matter to proceed without legal representation for the Applicant.

Ratio Decidendi

The court held that the refusal to postpone the eviction hearing by the First Respondent did not amount to gross irregularity as contemplated by Section 24 of the Superior Courts Act. The Applicant was afforded multiple opportunities to file her answering affidavit and secure legal representation. The reasons advanced for further postponement were not satisfactory, and the medical evidence did not establish incapacity. The Applicant failed to instruct alternative counsel despite knowing her attorney's health issues. The prejudice to the Second Respondent, who was denied possession and rental income, outweighed the Applicant's claim. The First Respondent acted fairly by allowing the...

Court Disposition

Application for review dismissed with costs.

Orders

  • The application is dismissed with costs.