Mphephu and Another v Mashau and Another (HCAA15/2019) [2019] ZALMPPHC 42 (23 August 2019)

Mphephu and Another v Mashau and Another (HCAA15/2019) [2019] ZALMPPHC 42 (23 August 2019)

The court found that the appeal record was incomplete because the judgment of the court a quo, which was the subject of the appeal, had not been filed. Without this judgment, the court was unable to assess the prospects of success or the merits of the appeal, which is essential in applications under section 18 of the Superior Courts Act. As a result, the appeal was struck from the roll. The court also clarified that the Limpopo High Court, Polokwane has jurisdiction to hear appeals from the Limpopo Local Division, Thohoyandou, in terms of section 6(4) of the Superior Courts Act. Costs were awarded against the appellants.

Citation
[2019] ZALMPPHC 42
Parties
Appellant: Mphephu Matodzi Robert; Appellant: Maluleke Nyumani Nobride; Respondent: Mashau Pfunzo Lawrence; Respondent: Vhembe FM NPC
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
23 August 2019
Case Number
HCAA15/2019
Procedural Posture
Civil Appeal / Appeal Against Section 18 Order Pending Leave to Appeal
Outcome
Appeal struck from the roll due to incomplete record; costs awarded against appellants.
Judges
Makgoba, Lamminga, Kganyago
Legal Topics
Superior Courts Act Section 18, Exceptional Circumstances, Irreparable Harm, Appeal Record Completeness
Civil Procedure Superior Courts Act Section 18 Exceptional Circumstances Irreparable Harm Appeal Record Completeness

Case Brief

Summary, issues, holding and outcome

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Parties

Mphephu Matodzi Robert

Appellant

Maluleke Nyumani Nobride

Appellant

Mashau Pfunzo Lawrence

Respondent

Vhembe FM NPC

Respondent

Procedural Posture

Civil Appeal / Appeal Against Section 18 Order Pending Leave to Appeal

Legal Issues

  1. 1 Whether the appeal record is complete and properly before the court.
  2. 2 Whether the requirements of section 18 of the Superior Courts Act for putting an order into operation pending appeal are met.
  3. 3 Whether the Limpopo High Court, Polokwane has jurisdiction over appeals from the Limpopo Local Division, Thohoyandou.

Ratio Decidendi

The court found that the appeal record was incomplete because the judgment of the court a quo, which was the subject of the appeal, had not been filed. Without this judgment, the court was unable to assess the prospects of success or the merits of the appeal, which is essential in applications under section 18 of the Superior Courts Act. As a result, the appeal was struck from the roll. The court also clarified that the Limpopo High Court, Polokwane has jurisdiction to hear appeals from the Limpopo Local Division, Thohoyandou, in terms of section 6(4) of the Superior Courts Act. Costs were awarded against the appellants.

Court Disposition

Appeal struck from the roll due to incomplete record; costs awarded against appellants.

Orders

  • The appeal is struck from the roll.
  • The appellants are to pay the costs of the appeal jointly and severally, the one paying the other to be absolved.