Van Den Bos N.O. and Others v Letsoalo and Others (30565/2020) [2022] ZAGPJHC 187 (30 March 2022)

Van Den Bos N.O. and Others v Letsoalo and Others (30565/2020) [2022] ZAGPJHC 187 (30 March 2022)

The court found that the appellant's application for leave to appeal did not meet the statutory test for reasonable prospects of success. The grounds of appeal were not properly supported by evidence, and the application was incomplete, lacking necessary annexures and heads of argument. The appellant failed to...

Source-derived case information.

Citation
[2022] ZAGPJHC 187
Parties
Appellant: Jan Van Den Bos N.O.; Appellant: Trade Worx 148 (Pty) Ltd t/a PAL Property Management & Administrators; Appellant: Minister of Human Settlement; Appellant: MEC for Human Settlement Gauteng Province; Appellant: Community Scheme Ombud Services; Appellant: Estate Agency Affairs Board; Respondent: Letsoalo Mmakhudu Simon; Respondent: Luvuno Linah Hoshi; Respondent: Mphekgwana Alfred Matome; Respondent: Mamonyane Edith; Respondent: Lukhele Wang Daniel; Respondent: Teme Keikanetswe Christina; Respondent: Malinga Dumsane George
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 March 2022
Case Number
30565/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
S C Mia
Legal Topics
Leave to Appeal Test, Sectional Title Schemes Management, Administrator Appointment and Removal, Costs Order, Joinder of Parties
Civil Procedure Land and Property Leave to Appeal Test Sectional Title Schemes Management Administrator Appointment and Removal Costs Order Joinder of Parties

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Parties

Jan Van Den Bos N.O.

Appellant

Trade Worx 148 (Pty) Ltd t/a PAL Property Management & Administrators

Appellant

Minister of Human Settlement

Appellant

MEC for Human Settlement Gauteng Province

Appellant

Community Scheme Ombud Services

Appellant

Estate Agency Affairs Board

Appellant

Letsoalo Mmakhudu Simon

Respondent

Luvuno Linah Hoshi

Respondent

Mphekgwana Alfred Matome

Respondent

Mamonyane Edith

Respondent

Lukhele Wang Daniel

Respondent

Teme Keikanetswe Christina

Respondent

Malinga Dumsane George

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order

Legal Issues

  1. 1 Whether the application for leave to appeal meets the statutory test for reasonable prospects of success.
  2. 2 Whether the appellant complied with the court's previous orders.
  3. 3 Whether the grounds of appeal are properly set out and supported by evidence.

Ratio Decidendi

The court found that the appellant's application for leave to appeal did not meet the statutory test for reasonable prospects of success. The grounds of appeal were not properly supported by evidence, and the application was incomplete, lacking necessary annexures and heads of argument. The appellant failed to prosecute the application diligently and did not set the matter down for hearing. The court held that another court would not reasonably come to a different conclusion based on the record and submissions. The relief granted in the original judgment was based on the evidence before the court, including issues of racist and derogatory language, alleged assault and intimidation, and...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.