Mjikeliso v Onyekwelu (38055/2018) [2021] ZAGPJHC 585 (18 October 2021)

Mjikeliso v Onyekwelu (38055/2018) [2021] ZAGPJHC 585 (18 October 2021)

The applicant failed to comply with procedural requirements, including filing an answering affidavit and attending the hearing for leave to appeal. The grounds raised in the application for leave to appeal were either not supported by evidence or were not brought before the court during the original hearing. The respondent proved ownership of the property, and the applicant did not demonstrate any prospects of success or compelling reason for another court to reach a different decision. The applicant's conduct throughout the proceedings was found to be an abuse of process, and the application for leave to appeal was dismissed.

Citation
[2021] ZAGPJHC 585
Parties
Applicant: Fezeka Felicia Mjikeliso; Respondent: Francis Godswill Onyekwelu
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 October 2021
Case Number
38055/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following an Eviction Order
Outcome
Application for leave to appeal dismissed.
Judges
Mtati
Legal Topics
Eviction Proceedings, Leave to Appeal, Unopposed Motion, Abuse of Process
Civil Procedure Land and Property Eviction Proceedings Leave to Appeal Unopposed Motion Abuse of Process

Case Brief

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Parties

Fezeka Felicia Mjikeliso

Applicant

Francis Godswill Onyekwelu

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following an Eviction Order

Legal Issues

  1. 1 Whether the applicant has shown prospects of success for leave to appeal against the eviction order.
  2. 2 Whether the applicant's procedural conduct justifies the dismissal of the application for leave to appeal.
  3. 3 Whether the applicant raised any compelling reason or new evidence that would warrant reconsideration of the eviction order.

Ratio Decidendi

The applicant failed to comply with procedural requirements, including filing an answering affidavit and attending the hearing for leave to appeal. The grounds raised in the application for leave to appeal were either not supported by evidence or were not brought before the court during the original hearing. The respondent proved ownership of the property, and the applicant did not demonstrate any prospects of success or compelling reason for another court to reach a different decision. The applicant's conduct throughout the proceedings was found to be an abuse of process, and 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.
  • A copy of this judgment must be served to the applicant through the Sheriff.