Motseo and Another v Monama N.O and Others (Leave to Appeal) (38707/2020) [2024] ZAGPPHC 1124 (8 November 2024)

Motseo and Another v Monama N.O and Others (Leave to Appeal) (38707/2020) [2024] ZAGPPHC 1124 (8 November 2024)

The court found that, after considering all submissions and the grounds advanced, the applicants have satisfied the requirements of section 17(1)(a) of the Superior Courts Act regarding prospects of success on appeal. The judge was satisfied that another court may reasonably come to a different conclusion and therefore granted leave to appeal to the full court of the Gauteng Division.

Citation
[2024] ZAGPPHC 1124
Parties
Applicant: AB Stephen Phetedi Motseo; Applicant: Rossie Thlaishego Motseo; Respondent: Lucy Makhada Monama N.O.; Respondent: Lucy Makhada Monama; Respondent: Nedbank Ltd; Respondent: Registrar of Deeds; Respondent: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 November 2024
Case Number
38707/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Court
Outcome
Leave to appeal granted to the full court of the Gauteng Division.
Judges
S Baqwa
Legal Topics
Leave to Appeal, Prospects of Success, Superior Courts Act Section 17
Civil Procedure Leave to Appeal Prospects of Success Superior Courts Act Section 17

Case Brief

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Parties

AB Stephen Phetedi Motseo

Applicant

Rossie Thlaishego Motseo

Applicant

Lucy Makhada Monama N.O.

Respondent

Lucy Makhada Monama

Respondent

Nedbank Ltd

Respondent

Registrar of Deeds

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants have satisfied the requirements for leave to appeal under section 17(1)(a) of the Superior Courts Act.
  2. 2 Whether there are reasonable prospects of success on appeal.

Ratio Decidendi

The court found that, after considering all submissions and the grounds advanced, the applicants have satisfied the requirements of section 17(1)(a) of the Superior Courts Act regarding prospects of success on appeal. The judge was satisfied that another court may reasonably come to a different conclusion and therefore granted leave to appeal to the full court of the Gauteng Division.

Court Disposition

Leave to appeal granted to the full court of the Gauteng Division.

Orders

  • Leave to appeal is granted to the full court of the Gauteng Division.
  • Costs are costs in the appeal.