Ndyebo v Vajeth and Another (19616/2022) [2023] ZAGPJHC 737 (26 June 2023)

Ndyebo v Vajeth and Another (19616/2022) [2023] ZAGPJHC 737 (26 June 2023)

The court found that the applicant failed to establish any reasonable prospects of success on appeal. The grounds advanced were either irrelevant to the eviction order or lacked substantive basis. The applicant's reliance on the Changing Tides case was misplaced, as it dealt only with the just and equitable date for eviction, not the merits of eviction itself. The applicant did not provide a sound, rational basis for his assertion that eviction was not just and equitable. The court was not persuaded that another court would reach a different conclusion or that compelling reasons existed to grant leave. The application for leave to appeal was dismissed, and a punitive costs order was...

Citation
[2023] ZAGPJHC 737
Parties
Applicant: Ndyebo Treasure Jogwana; Respondent: Vajeth Riaz Amod; Respondent: Vajeth Sibusisiwe Joy
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 June 2023
Case Number
19616/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Eviction Order
Outcome
Application for leave to appeal dismissed with punitive costs order against the applicant.
Judges
M A Makume
Legal Topics
Leave to Appeal, Eviction, Reasonable Prospects of Success, Punitive Costs
Civil Procedure Land and Property Leave to Appeal Eviction Reasonable Prospects of Success Punitive Costs

Case Brief

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Parties

Ndyebo Treasure Jogwana

Applicant

Vajeth Riaz Amod

Respondent

Vajeth Sibusisiwe Joy

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal against the eviction order.
  2. 2 Whether there are compelling reasons for granting leave to appeal under section 17(1) of the Superior Courts Act.
  3. 3 Whether a punitive costs order is justified.

Ratio Decidendi

The court found that the applicant failed to establish any reasonable prospects of success on appeal. The grounds advanced were either irrelevant to the eviction order or lacked substantive basis. The applicant's reliance on the Changing Tides case was misplaced, as it dealt only with the just and equitable date for eviction, not the merits of eviction itself. The applicant did not provide a sound, rational basis for his assertion that eviction was not just and equitable. The court was not persuaded that another court would reach a different conclusion or that compelling reasons existed to grant leave. The application for leave to appeal was dismissed, and a punitive costs order was...

Court Disposition

Application for leave to appeal dismissed with punitive costs order against the applicant.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the respondents' taxed costs on an attorney and own client scale.