Ntsoereng and Another v Sebofi and Another; In re: Sebofi v Ntsoereng (4518/2012) [2016] ZAFSHC 233 (7 July 2016)

Ntsoereng and Another v Sebofi and Another; In re: Sebofi v Ntsoereng (4518/2012) [2016] ZAFSHC 233 (7 July 2016)

The applicants failed to provide a full and reasonable explanation for the delay in filing the application for leave to appeal, as required for condonation. Their conduct demonstrated a lack of bona fide intention to pursue the appeal and a flagrant disregard for court rules and orders. The grounds of appeal were vague, ambiguous, and did not comply with the requirements of Rule 49(1)(b). On the merits, the law is clear that in a marriage in community of property, debts incurred by one spouse bind the joint estate, and execution may be levied against joint property. The joinder of the second applicant and the order declaring the property executable were proper. There was no reasonable...

Citation
[2016] ZAFSHC 233
Parties
Applicant: Teboho Vincent Ntsoereng; Applicant: Mahokoane Angela Ntsoereng; Respondent: Andries Henry Sebofi; Respondent: A. E. Fourie N.O. (Sheriff)
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
7 July 2016
Case Number
4518/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Condonation for Late Filing
Outcome
Condonation refused; application for leave to appeal dismissed with costs on attorney and client scale.
Judges
Murray AJ
Legal Topics
Condonation, Leave to Appeal, Marriage in Community of Property, Joint Estate Liability, Rescission of Judgment
Civil Procedure Family and Children Condonation Leave to Appeal Marriage in Community of Property Joint Estate Liability Rescission of Judgment

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Parties

Teboho Vincent Ntsoereng

Applicant

Mahokoane Angela Ntsoereng

Applicant

Andries Henry Sebofi

Respondent

A. E. Fourie N.O. (Sheriff)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Condonation for Late Filing

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether the applicants have provided a reasonable explanation for the delay.
  3. 3 Whether the application for leave to appeal has reasonable prospects of success.

Ratio Decidendi

The applicants failed to provide a full and reasonable explanation for the delay in filing the application for leave to appeal, as required for condonation. Their conduct demonstrated a lack of bona fide intention to pursue the appeal and a flagrant disregard for court rules and orders. The grounds of appeal were vague, ambiguous, and did not comply with the requirements of Rule 49(1)(b). On the merits, the law is clear that in a marriage in community of property, debts incurred by one spouse bind the joint estate, and execution may be levied against joint property. The joinder of the second applicant and the order declaring the property executable were proper. There was no reasonable...

Court Disposition

Condonation refused; application for leave to appeal dismissed with costs on attorney and client scale.

Orders

  • Condonation is refused and the application for leave to appeal is dismissed with costs.
  • The applicants are to pay the said costs on an attorney and client scale.