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2022
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[2022] ZAGPJHC 1040
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Mamaila vs Mamaila and Others (41975/2020) [2022] ZAGPJHC 1040 (21 November 2022)
IN THE HIGH COURT OF
SOUTH AFRICA
(GAUTENG DIVISION,
JOHANNESBURG)
Case
No:
41975/2020
REPORTABLE:
NO.
OF
INTEREST TO OTHER JUDGES: NO.
REVISED.
In the matter between:
PATRICIA MALULEKE
MAMAILA
Applicant
and
MAKOMA MARTHA
MAMAILA First
Respondent
ESTATE LATE MOHALE
ENOS Second
Respondent
MASTER OF THE HIGH
COURT,
JOHANNESBURG
Third
Respondent
JUDGMENT
Todd AJ
1.
This is an application for
leave to appeal against a judgment that I handed down on 13 September
2022. The application was
brought three or four days outside
the prescribed period, and the Applicant has applied for condonation
of the late filing of the
application. I am satisfied that
condonation should be granted.
2.
The Applicant seeks leave to
appeal on the ground that an appeal would have a reasonable prospect
of success as contemplated in
section 17(1)(a)(i) of the Superior
Courts Act. In assessing prospects of success I follow the
approach described in
Ramakatsa
and others v African National Congress and Another
[2021] ZA SCA 31
at para 10.
3.
Mr Maleka, who appeared for
the Applicant, raised a range of grounds on which he submitted there
were reasonable prospects of another
court deciding the matter in
favour of the Applicant. These were set out at length in the
application for leave to appeal
and were elaborated upon by Mr Maleka
in oral submissions.
4.
I have considered all of these
grounds. On an overall conspectus of the matter, I am not
satisfied that an appeal would have
reasonable prospects of success
in the sense contemplated in section 17(1)(a)(i) of the Superior
Courts Act.
5.
The application for
condonation is granted. The application for leave to appeal is
dismissed. There is no order as to
costs.
C Todd
Acting Judge of the
High Court of South Africa.
REFERENCES
For
the Applicant: Adv.
K J Maleka
Instructed
by: Leshilo
Inc. Attorneys
For
the First and Second Respondents: Adv.
L Mbhalati
Instructed
by: Motanya
Madiba Attorneys
Hearing
date: 17
November 2022
Judgment
delivered: 21
November 2022