Tshabalala v Mbatha and Another (16/12525) [2021] ZAGPJHC 750 (23 November 2021)

Tshabalala v Mbatha and Another (16/12525) [2021] ZAGPJHC 750 (23 November 2021)

The application for leave to appeal was dismissed as fatally defective due to the applicant's failure to set out any grounds in the initial notice and failure to amend or renew the application within the prescribed time after receiving written reasons. No condonation application was made for late filing. The applicant's entitlement to the property was not established, as the alleged sale agreements did not comply with statutory requirements, and the property was lawfully inherited by the first respondent under the Intestate Succession Act. The grounds advanced for leave to appeal were found to be meritless, and the applicant did not meet the higher threshold for granting leave to appeal...

Citation
[2021] ZAGPJHC 750
Parties
Applicant: Thoko Hilda Tshabalala; Respondent: Dannyboy Mbatha; Respondent: Registrar of Deeds
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 November 2021
Case Number
16/12525
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
Lombard
Legal Topics
Intestate Succession, Alienation of Land Act, Leave to Appeal Requirements, Condonation, Registration of Property
Land and Property Civil Procedure Intestate Succession Alienation of Land Act Leave to Appeal Requirements Condonation Registration of Property

Case Brief

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Parties

Thoko Hilda Tshabalala

Applicant

Dannyboy Mbatha

Respondent

Registrar of Deeds

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application

Legal Issues

  1. 1 Whether the application for leave to appeal is fatally defective due to lack of grounds and late filing.
  2. 2 Whether the applicant made out a case for entitlement to the property under succession law.
  3. 3 Whether the registration of the property in the first respondent's name was lawful and valid.

Ratio Decidendi

The application for leave to appeal was dismissed as fatally defective due to the applicant's failure to set out any grounds in the initial notice and failure to amend or renew the application within the prescribed time after receiving written reasons. No condonation application was made for late filing. The applicant's entitlement to the property was not established, as the alleged sale agreements did not comply with statutory requirements, and the property was lawfully inherited by the first respondent under the Intestate Succession Act. The grounds advanced for leave to appeal were found to be meritless, and the applicant did not meet the higher threshold for granting leave to appeal...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the application for leave to appeal, including the costs of counsel.