Shongwe and Another v Meyiwa and Others (58823/2021) [2024] ZAGPPHC 1115 (21 October 2024)

Shongwe and Another v Meyiwa and Others (58823/2021) [2024] ZAGPPHC 1115 (21 October 2024)

The court found that the application for leave to appeal was served and filed within the prescribed period, and that the cost order granted on 14 March 2024 may have been based on a misapprehension of the facts regarding service and representation. The court acknowledged that another court might reach a different conclusion on the costs issue. Regarding the merits, the court held that the original dispute was limited to whether the funds used to purchase the property constituted a donation under section 15(3)(c) of the Matrimonial Property Act. The applicant raised new arguments not contained in the founding affidavit, including reliance on section 163(1) of the Companies Act, which were...

Citation
[2024] ZAGPPHC 1115
Parties
Applicant: Lungile H. Shongwe; Applicant: Lungile H. Shongwe N.O.; Respondent: Fikelephi A. Meyiwa; Respondent: Registrar of Deeds, Pretoria; Respondent: The Master of the High Court (JHB)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 October 2024
Case Number
58823/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Costs Order
Outcome
Leave to appeal is granted to the full bench; costs in the appeal.
Judges
N.C. Sethusha-Shongwe
Legal Topics
Leave to Appeal, Matrimonial Property Act, Company Asset Distribution, Costs Order, Condonation, Service of Process
Civil Procedure Land and Property Commercial and Corporate Leave to Appeal Matrimonial Property Act Company Asset Distribution Costs Order Condonation +1 more

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Parties

Lungile H. Shongwe

Applicant

Lungile H. Shongwe N.O.

Applicant

Fikelephi A. Meyiwa

Respondent

Registrar of Deeds, Pretoria

Respondent

The Master of the High Court (JHB)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Costs Order

Legal Issues

  1. 1 Whether the application for leave to appeal was properly served and filed within the prescribed period.
  2. 2 Whether the cost order granted on 14 March 2024 was based on a correct appreciation of the facts and law.
  3. 3 Whether the funds used to purchase the immovable property constituted a donation in terms of section 15(3)(c) of the Matrimonial Property Act.

Ratio Decidendi

The court found that the application for leave to appeal was served and filed within the prescribed period, and that the cost order granted on 14 March 2024 may have been based on a misapprehension of the facts regarding service and representation. The court acknowledged that another court might reach a different conclusion on the costs issue. Regarding the merits, the court held that the original dispute was limited to whether the funds used to purchase the property constituted a donation under section 15(3)(c) of the Matrimonial Property Act. The applicant raised new arguments not contained in the founding affidavit, including reliance on section 163(1) of the Companies Act, which were...

Court Disposition

Leave to appeal is granted to the full bench; costs in the appeal.

Orders

  • Leave to appeal is granted to the full bench.
  • Costs in the appeal.