Motisima and Another v Trustees of the Van Der Merwe Family Trust and Another (3253/2021) [2022] ZAFSHC 167 (30 June 2022)

Motisima and Another v Trustees of the Van Der Merwe Family Trust and Another (3253/2021) [2022] ZAFSHC 167 (30 June 2022)

The court found that the application for leave to appeal was moot because the property had already been transferred and no operative order prevented this. The applicants failed to establish a prima facie right to the relief sought, and the balance of convenience did not favour them. The applicants did not provide a sufficient explanation for the late filing of the application for leave to appeal, and their prospects of success on appeal were poor. The court emphasised that the administration of justice should not be ridiculed by academic or purposeless litigation, and condonation should not be granted where there are poor prospects of success. Accordingly, the application for leave to...

Citation
[2022] ZAFSHC 167
Parties
Applicant: Philip Tshepiso Motsima; Applicant: Thandiwe Patience Motsima; Respondent: Trustees of the Van Der Merwe Family Trust; Respondent: Registrar of Deeds: Free State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
30 June 2022
Case Number
3253/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Dismissal of Interim Interdict
Outcome
Application for leave to appeal dismissed with costs.
Judges
Opperman
Legal Topics
Interim Interdict, Leave to Appeal, Mootness, Transfer of Property, Condonation
Civil Procedure Land and Property Interim Interdict Leave to Appeal Mootness Transfer of Property Condonation

Case Brief

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Parties

Philip Tshepiso Motsima

Applicant

Thandiwe Patience Motsima

Applicant

Trustees of the Van Der Merwe Family Trust

Respondent

Registrar of Deeds: Free State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Dismissal of Interim Interdict

Legal Issues

  1. 1 Whether the application for leave to appeal against the dismissal of the interim interdict should be granted.
  2. 2 Whether the appeal has become moot due to the transfer of the property.
  3. 3 Whether condonation for late filing of the application for leave to appeal should be granted.

Ratio Decidendi

The court found that the application for leave to appeal was moot because the property had already been transferred and no operative order prevented this. The applicants failed to establish a prima facie right to the relief sought, and the balance of convenience did not favour them. The applicants did not provide a sufficient explanation for the late filing of the application for leave to appeal, and their prospects of success on appeal were poor. The court emphasised that the administration of justice should not be ridiculed by academic or purposeless litigation, and condonation should not be granted where there are poor prospects of success. Accordingly, the application for leave to...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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