Mhlongo and Others v Mokoena N.O and Others (32009/2018) [2020] ZAGPPHC 170 (6 May 2020)

Mhlongo and Others v Mokoena N.O and Others (32009/2018) [2020] ZAGPPHC 170 (6 May 2020)

The court found that the Gauteng Division of the High Court, Pretoria, lacked jurisdiction to hear the matter, as the relevant parties against whom relief was sought reside or conduct business in Mpumalanga. The Government Gazette notification effective from 1 September 2017 transferred jurisdiction to the Mpumalanga High Court. The applicants failed to demonstrate reasonable prospects of success on appeal, as required by section 17(1) of the Superior Courts Act 10 of 2013. The grounds advanced did not meet the stringent threshold for leave to appeal, and the application was accordingly dismissed.

Citation
[2020] ZAGPPHC 170
Parties
Applicant: Frank Mhlongo; Applicant: Riebs Khoza; Applicant: Doctor Sibuyi; Applicant: Patric Jones; Defendant: Tryphinah Mokoena N.O.; Defendant: Nomsa Muhlawuri Manyike N.O; Defendant: Madoda Isaac Tjie N.O; Defendant: Tobani Michael Khoza N.O; Defendant: Themba Tibane N.O; Defendant: Master, Gauteng Pretoria; Defendant: Attorney Richard Spoor; Defendant: Richard Spoor Attorneys Inc.; Defendant: Attorney Wiekus Du Tiot; Defendant: WdT Attorneys; Defendant: Attorney Errol Goss; Defendant: Errol Goss Attorneys; Defendant: Thebe Corridors Company (Pty) Ltd; Defendant: Regional Land Claims Commissioner, Mpumalanga
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 May 2020
Case Number
32009/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Court
Outcome
Application for leave to appeal dismissed with costs.
Judges
W Hughes
Legal Topics
Jurisdiction, Leave to Appeal, Superior Courts Act, Government Gazette Notification
Civil Procedure Jurisdiction Leave to Appeal Superior Courts Act Government Gazette Notification

Case Brief

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Parties

Frank Mhlongo

Applicant

Riebs Khoza

Applicant

Doctor Sibuyi

Applicant

Patric Jones

Applicant

Tryphinah Mokoena N.O.

Defendant

Nomsa Muhlawuri Manyike N.O

Defendant

Madoda Isaac Tjie N.O

Defendant

Tobani Michael Khoza N.O

Defendant

Themba Tibane N.O

Defendant

Master, Gauteng Pretoria

Defendant

Attorney Richard Spoor

Defendant

Richard Spoor Attorneys Inc.

Defendant

Attorney Wiekus Du Tiot

Defendant

WdT Attorneys

Defendant

Attorney Errol Goss

Defendant

Errol Goss Attorneys

Defendant

Thebe Corridors Company (Pty) Ltd

Defendant

Regional Land Claims Commissioner, Mpumalanga

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Court

Legal Issues

  1. 1 Whether the Gauteng Division of the High Court, Pretoria, has jurisdiction to hear the applicants' case.
  2. 2 Whether leave to appeal should be granted in terms of section 17(1) of the Superior Courts Act 10 of 2013.
  3. 3 Whether the applicants have demonstrated reasonable prospects of success on appeal.

Ratio Decidendi

The court found that the Gauteng Division of the High Court, Pretoria, lacked jurisdiction to hear the matter, as the relevant parties against whom relief was sought reside or conduct business in Mpumalanga. The Government Gazette notification effective from 1 September 2017 transferred jurisdiction to the Mpumalanga High Court. The applicants failed to demonstrate reasonable prospects of success on appeal, as required by section 17(1) of the Superior Courts Act 10 of 2013. The grounds advanced did not meet the stringent threshold for leave to appeal, and the application was accordingly dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.