Ramcheret v Ethekwini Municipality and Another (5219/2010) [2011] ZAKZDHC 72 (12 August 2011)

Ramcheret v Ethekwini Municipality and Another (5219/2010) [2011] ZAKZDHC 72 (12 August 2011)

The court found that condonation for the late filing of the application for leave to appeal should be granted, given the applicant's status as a lay person. However, the applicant failed to establish a prima facie right to the relief sought, as her case was premised on the existence of a valid lease agreement and not on any waiver by the municipality. The argument of waiver was not made out in the papers or in oral argument. The court was not persuaded that another court could reasonably reach a different conclusion, and therefore dismissed the application for leave to appeal with costs, including wasted costs from the adjournment on 30 June 2011.

Citation
[2011] ZAKZDHC 72
Parties
Applicant: A Ramcheret; Respondent: Ethekwini Municipality; Respondent: Sheriff of the High Court – Durban North
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
12 August 2011
Case Number
5219/2010
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 1 June 2010
Outcome
Application for leave to appeal dismissed with costs, including wasted costs from the adjournment on 30 June 2011.
Judges
Steyn
Legal Topics
Interim Interdict, Condonation, Lease Agreement, Waiver of Rights
Civil Procedure Land and Property Interim Interdict Condonation Lease Agreement Waiver of Rights

Case Brief

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Parties

A Ramcheret

Applicant

Ethekwini Municipality

Respondent

Sheriff of the High Court – Durban North

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 1 June 2010

Legal Issues

  1. 1 Whether condonation for late filing of the application for leave to appeal should be granted.
  2. 2 Whether the applicant established a prima facie right to an interim interdict based on the existence of a valid lease agreement.
  3. 3 Whether the municipality waived its right to evict the applicant.

Ratio Decidendi

The court found that condonation for the late filing of the application for leave to appeal should be granted, given the applicant's status as a lay person. However, the applicant failed to establish a prima facie right to the relief sought, as her case was premised on the existence of a valid lease agreement and not on any waiver by the municipality. The argument of waiver was not made out in the papers or in oral argument. The court was not persuaded that another court could reasonably reach a different conclusion, and therefore dismissed the application for leave to appeal with costs, including wasted costs from the adjournment on 30 June 2011.

Court Disposition

Application for leave to appeal dismissed with costs, including wasted costs from the adjournment on 30 June 2011.

Orders

  • The application for leave to appeal is dismissed with costs.
  • Costs to include the wasted costs occasioned by the adjournment of the application on 30 June 2011.