Monnakgotla and Others v Monnakgotla and Others (M239/17) [2017] ZANWHC 100 (16 November 2017)

Monnakgotla and Others v Monnakgotla and Others (M239/17) [2017] ZANWHC 100 (16 November 2017)

The court found that the applicants failed to provide any evidence of an intention by the respondents to exclude them from the Royal Family Tree or of any meeting where such exclusion would occur. The application was based on unsubstantiated belief rather than fact. The requirements for a final interdict were not met, as there was no clear right established, no injury reasonably apprehended, and an alternative remedy would be available if exclusion occurred. The court concluded that there was no reasonable prospect that another court would reach a different conclusion, and therefore dismissed the application for leave to appeal with costs.

Citation
[2017] ZANWHC 100
Parties
Applicant: Ignatius Mokgwari Monnakgotla; Applicant: Solomon Mphuphuthe Monnakgotla; Applicant: Maraume Herman Monnakgotla; Applicant: Ikageng Jacob Monnakgotla; Applicant: Otsile Monnakgotla; Applicant: Itumeleng Tiro Monnakgotla; Applicant: Lotsi Rapitsinala Monnakgotla; Applicant: Tshimane Philemon Monnakgotla; Respondent: Solomon Mphuphuthe Monnakgotla; Respondent: Chairperson of the House of Traditional Leaders North West Province; Respondent: Premier of the North West Province; Respondent: Disele Johannes Phologane; Respondent: The Bakubung Ba Ratheo Traditional Community; Respondent: Queen Josephine Monnakgotla
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
16 November 2017
Case Number
M239/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
J T Djaje
Legal Topics
Final Interdict, Urgent Application, Royal Family Tree Dispute, Requirements for Interdict, Costs Order
Civil Procedure Land and Property Final Interdict Urgent Application Royal Family Tree Dispute Requirements for Interdict Costs Order

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Parties

Ignatius Mokgwari Monnakgotla

Applicant

Solomon Mphuphuthe Monnakgotla

Applicant

Maraume Herman Monnakgotla

Applicant

Ikageng Jacob Monnakgotla

Applicant

Otsile Monnakgotla

Applicant

Itumeleng Tiro Monnakgotla

Applicant

Lotsi Rapitsinala Monnakgotla

Applicant

Tshimane Philemon Monnakgotla

Applicant

Solomon Mphuphuthe Monnakgotla

Respondent

Chairperson of the House of Traditional Leaders North West Province

Respondent

Premier of the North West Province

Respondent

Disele Johannes Phologane

Respondent

The Bakubung Ba Ratheo Traditional Community

Respondent

Queen Josephine Monnakgotla

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application

Legal Issues

  1. 1 Whether the applicants have demonstrated reasonable prospects of success for leave to appeal.
  2. 2 Whether the requirements for a final interdict have been satisfied by the applicants.
  3. 3 Whether the applicants provided sufficient evidence of exclusion from the Royal Family Tree.

Ratio Decidendi

The court found that the applicants failed to provide any evidence of an intention by the respondents to exclude them from the Royal Family Tree or of any meeting where such exclusion would occur. The application was based on unsubstantiated belief rather than fact. The requirements for a final interdict were not met, as there was no clear right established, no injury reasonably apprehended, and an alternative remedy would be available if exclusion occurred. The court concluded that there was no reasonable prospect that another court would reach a different conclusion, and therefore dismissed the application for leave to appeal with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs of the application.