Nkombi v Naidoo and Another (Leave to Appeal) (3947/2025) [2025] ZAGPJHC 287 (12 March 2025)

Nkombi v Naidoo and Another (Leave to Appeal) (3947/2025) [2025] ZAGPJHC 287 (12 March 2025)

The application for leave to appeal is dismissed because there is no reasonable prospect that another court would come to a different conclusion regarding the eviction order. The applicant's dispute with Standard Bank does not affect the respondents' right to exclusive possession, and the situation on the property is untenable. The late filing of the application is condoned due to its slightness and the applicant's status as a lay litigant, but the merits do not justify granting leave to appeal. The interests of justice require that the eviction order be executed as originally ordered.

Citation
[2025] ZAGPJHC 287
Parties
Applicant: Kholeka Nkombi; Respondent: Kooshen Naidoo; Respondent: Vanessa Lee Naidoo
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 March 2025
Case Number
3947/2025
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Eviction Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
Wilson
Legal Topics
Eviction, Leave to Appeal, Just and Equitable Order, Exclusive Possession, Condonation of Late Filing
Land and Property Civil Procedure Eviction Leave to Appeal Just and Equitable Order Exclusive Possession Condonation of Late Filing

Case Brief

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Parties

Kholeka Nkombi

Applicant

Kooshen Naidoo

Respondent

Vanessa Lee Naidoo

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the eviction order.
  2. 2 Whether it is just and equitable to allow the applicant to remain in occupation pending resolution of her dispute with Standard Bank.
  3. 3 Whether the late filing of the application for leave to appeal should be condoned.

Ratio Decidendi

The application for leave to appeal is dismissed because there is no reasonable prospect that another court would come to a different conclusion regarding the eviction order. The applicant's dispute with Standard Bank does not affect the respondents' right to exclusive possession, and the situation on the property is untenable. The late filing of the application is condoned due to its slightness and the applicant's status as a lay litigant, but the merits do not justify granting leave to appeal. The interests of justice require that the eviction order be executed as originally ordered.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The late filing of the application for leave to appeal is condoned.
  • The application for leave to appeal is dismissed with costs.