Phetla and Others v Tendaupenyu NO and Others (77903/2015) [2016] ZAGPPHC 310 (4 May 2016)

Phetla and Others v Tendaupenyu NO and Others (77903/2015) [2016] ZAGPPHC 310 (4 May 2016)

The court found that the applicants had demonstrated reasonable prospects of success on appeal and that the issues raised warranted consideration by the full bench. Accordingly, leave to appeal was granted.

Citation
[2016] ZAGPPHC 310
Parties
Applicant: Simon Phetla; Applicant: Sophie Mogola; Applicant: The Unknown Unlawful Occupiers of the Remaining Extent of Portion 28 of the Farm Windhoek 222 JS, Mpumalanga; Respondent: Wesley Tendaupenyu N.O; Respondent: Roberto Jorge Mendonca Velosa N.O; Respondent: Emakhazeni Local Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 May 2016
Case Number
77903/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal to the full bench is granted. Costs will be costs in the appeal.
Judges
AC Sasson
Legal Topics
Leave to Appeal, Unlawful Occupation, Eviction Proceedings
Land and Property Leave to Appeal Unlawful Occupation Eviction Proceedings

Case Brief

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Parties

Simon Phetla

Applicant

Sophie Mogola

Applicant

The Unknown Unlawful Occupiers of the Remaining Extent of Portion 28 of the Farm Windhoek 222 JS, Mpumalanga

Applicant

Wesley Tendaupenyu N.O

Respondent

Roberto Jorge Mendonca Velosa N.O

Respondent

Emakhazeni Local Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the previous judgment.
  2. 2 Whether there are reasonable prospects of success on appeal.

Ratio Decidendi

The court found that the applicants had demonstrated reasonable prospects of success on appeal and that the issues raised warranted consideration by the full bench. Accordingly, leave to appeal was granted.

Court Disposition

Leave to appeal to the full bench is granted. Costs will be costs in the appeal.

Orders

  • Application for leave to appeal to the full bench is granted.
  • Costs to be costs in the appeal.