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South Africa Judgment

North Gauteng High Court, Pretoria

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

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

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.

02

Material facts

Parties

AB Stephen Phetedi Motseo

Applicant Counsel: Adv J Delport

Rossie Thlaishego Motseo

Applicant Counsel: Adv J Delport

Lucy Makhada Monama N.O.

Respondent Counsel: Adv RS Mafuyeka

Lucy Makhada Monama

Respondent Counsel: Adv RS Mafuyeka

Nedbank Ltd

Respondent Counsel: Adv RS Mafuyeka

Registrar of Deeds

Respondent Counsel: Adv RS Mafuyeka

City of Tshwane Metropolitan Municipality

Respondent Counsel: Adv RS Mafuyeka

03

Procedural history

  1. Posture

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

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants argued that the judgment delivered on 27 May 2024 contains errors of law and fact, and that there are reasonable prospects that another court may come to a different conclusion. They submitted that the grounds for appeal are substantial and warrant consideration by the full court.
Respondent
The respondents contended that the judgment was correct in both law and fact, and that the applicants have not demonstrated any reasonable prospects of success. They argued that the application for leave to appeal should be dismissed as it does not meet the threshold set by section 17(1) of the Superior Courts Act.

05

Court’s reasoning

  1. 01

    Section 17(1)(a) of the Superior Courts Act

    Leave to appeal may only be granted if the court is of the opinion that the appeal would have a reasonable prospect of success or there is some other compelling reason for the appeal to be heard.

06

Ratio, limits and disposition

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.

Obiter and limits

  • Costs are to be costs in the appeal.

Court disposition

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

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

Source and reliance status

North Gauteng High Court, Pretoria

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Judgment

[2024] ZAGPPHC 1124

REPUBLIC

OF SOUTH AFRICA

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

CASE Number: 38707/2020

(1) REPORTABLE: YES/NO

(2) OF INTEREST TO OTHER JUDGES: YES/NO

(3) REVISED: YES/NO

2024

In the matters between: -

AB

STEPHEN PHETEDI

MOTSEO

FIRST APPLICANT

ROSSIE

THLAISHEGO MOTSEO

SECOND APPLICANT

and

LUCY MAKHADA MONAMA N.O.

FIRST

RESPONDENT

LUCY

MAKHADA MONAMA

SECOND RESPONDENT

NEDBANK

LTD

THIRD RESPONDENT

REGISTRAR

OF DEEDS

FOURTH RESPONDENT

CITY

OF TSHWANE METROPOLITAN

MUNICIPALITY

FIFTH RESPONDENT

JUDGMENT (APPLICATION FOR LEAVE TO APPEAL)

BAQWA, J

Introduction

[1] The applicants seek leave to appeal against the judgment of this court handed down on 27 May 2024.

[2] The grounds for leave to appeal have been fully ventilated in both parties heads of argument.

[3] Section 17 (1) of The Superior Courts Act (“the Act”) provides that leave to appeal may only be granted where the judge or judges concerned are of the opinion that;

“(a) ………………….

(i) The appeal would have a reasonable prospect of success; or

(ii) These is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under consideration.”

[4] After considering all the submissions, I am satisfied that the applicants have satisfied the requirements of section 17 (1) (a) of the Act regarding the prospects of success on appeal.

[5] Accordingly, the application for leave to appeal is granted to the full court of appeal of the Gauteng Division. Costs are costs in the appeal.

SELBY BAQWA

JUDGE

OF THE HIGH COURT

Date of hearing: 08 November 2024

Date of judgment: 08 November 2024

Appearance

On behalf of the Applicants Adv J Delport delport@clubadvocates.co.za On behalf of the Respondents Adv RS Mafuyeka sipho@mafuyeka.co.za

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Superior Courts Act, 10 of 2013

Legislation

Legislation referenced in the available case record.

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