Shezi v Lebethe and Another (4209/2022 ; 047850/2023) [2023] ZAGPJHC 686 (12 June 2023)

Shezi v Lebethe and Another (4209/2022 ; 047850/2023) [2023] ZAGPJHC 686 (12 June 2023)

The court found that all issues raised in the application for leave to appeal had already been considered in the main judgment and that there were no reasonable prospects of success. There was no likelihood that another court would reach a different conclusion. Consequently, the application for leave to appeal was dismissed with costs. As the application for leave to appeal was dismissed, there was no pending appeal or application that would suspend the operation of the court order under section 18 of the Superior Courts Act. Therefore, the application for implementation of the order pending appeal was unnecessary and was struck from the roll with no order as to costs.

Citation
[2023] ZAGPJHC 686
Parties
Applicant: Nkosinathi Shezi; Respondent: Lerato Vannessa Lebethe; Respondent: Ekurhuleni Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 June 2023
Case Number
4209/2022 ; 047850/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Application for Implementation of Order Pending Appeal
Outcome
Leave to appeal dismissed with costs; application for implementation of order pending appeal struck from the roll with no order as to costs.
Judges
Twala M L
Legal Topics
Leave to Appeal, Implementation of Order Pending Appeal, Superior Courts Act, Costs Award
Civil Procedure Leave to Appeal Implementation of Order Pending Appeal Superior Courts Act Costs Award

Case Brief

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Parties

Nkosinathi Shezi

Applicant

Lerato Vannessa Lebethe

Respondent

Ekurhuleni Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Application for Implementation of Order Pending Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment ordering the first respondent to vacate the applicant's property.
  2. 2 Whether the court order should be implemented pending the finalisation of the appeal process under section 18(3) of the Superior Courts Act.

Ratio Decidendi

The court found that all issues raised in the application for leave to appeal had already been considered in the main judgment and that there were no reasonable prospects of success. There was no likelihood that another court would reach a different conclusion. Consequently, the application for leave to appeal was dismissed with costs. As the application for leave to appeal was dismissed, there was no pending appeal or application that would suspend the operation of the court order under section 18 of the Superior Courts Act. Therefore, the application for implementation of the order pending appeal was unnecessary and was struck from the roll with no order as to costs.

Court Disposition

Leave to appeal dismissed with costs; application for implementation of order pending appeal struck from the roll with no order as to costs.

Orders

  • The application for leave to appeal is dismissed with costs.
  • The application in terms of section 18(3) is struck from the roll with no order as to costs.