Nakedi and Another v Jacobs N.O. and Another- Application for Leave to Appeal (4648/2023) [2024] ZAFSHC 115 (22 April 2024)

Nakedi and Another v Jacobs N.O. and Another- Application for Leave to Appeal (4648/2023) [2024] ZAFSHC 115 (22 April 2024)

The court found that the applicants failed to raise any new or compelling grounds that would justify granting leave to appeal. The issues raised in the application for leave to appeal had already been fully addressed in the original judgment, and the applicants did not demonstrate reasonable prospects of success on appeal. The liquidator's decision not to oppose the application was deemed irrelevant to the merits. The court concluded that there was no basis for another court to reach a different conclusion and no compelling reason for the matter to be heard by a court of appeal. Accordingly, leave to appeal was refused.

Citation
[2024] ZAFSHC 115
Parties
Applicant: Nathane Soulman Nakedi; Applicant: Any Further Unlawful Occupiers of Unit 23 Thora's Place, Van Blerk Street Sterling Small Holdings, District Bloemfontein, Free State Province; Respondent: Welcome Norman Jacobs N.O. (in his capacity as the liquidator of Two Fine Commodities (Pty) Ltd (in liquidation)); Respondent: Mangaung Metropolitan Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 April 2024
Case Number
4648/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Eviction Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
JP Daffue
Legal Topics
Eviction Proceedings, Leave to Appeal, Liquidation and Winding Up
Land and Property Civil Procedure Eviction Proceedings Leave to Appeal Liquidation and Winding Up

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Nathane Soulman Nakedi

Applicant

Any Further Unlawful Occupiers of Unit 23 Thora's Place, Van Blerk Street Sterling Small Holdings, District Bloemfontein, Free State Province

Applicant

Welcome Norman Jacobs N.O. (in his capacity as the liquidator of Two Fine Commodities (Pty) Ltd (in liquidation))

Respondent

Mangaung Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Eviction Order

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the eviction order.
  2. 2 Whether there are compelling reasons for the matter to be heard by a court of appeal.

Ratio Decidendi

The court found that the applicants failed to raise any new or compelling grounds that would justify granting leave to appeal. The issues raised in the application for leave to appeal had already been fully addressed in the original judgment, and the applicants did not demonstrate reasonable prospects of success on appeal. The liquidator's decision not to oppose the application was deemed irrelevant to the merits. The court concluded that there was no basis for another court to reach a different conclusion and no compelling reason for the matter to be heard by a court of appeal. Accordingly, leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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