About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: North Gauteng High Court, Pretoria
SAFLII
>>
Databases
>>
South Africa: North Gauteng High Court, Pretoria
>>
2024
>>
[2024] ZAGPPHC 1124
|
|
Motseo and Another v Monama N.O and Others (Leave to Appeal) (38707/2020) [2024] ZAGPPHC 1124 (8 November 2024)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
Number:
38707/2020
(1)
REPORTABLE:
YES
/NO
(2)
OF INTEREST TO OTHER JUDGES:
YES
/NO
(3)
REVISED:
YES
/NO
2024
In
the matters between: -
AB
STEPHEN PHETEDI
MOTSEO
FIRST APPLICANT
ROSSIE
THLAISHEGO MOTSEO
SECOND
APPLICANT
and
LUCY
MAKHADA MONAMA N.O.
FIRST
RESPONDENT
LUCY
MAKHADA MONAMA
SECOND RESPONDENT
NEDBANK
LTD
THIRD RESPONDENT
REGISTRAR
OF DEEDS
FOURTH
RESPONDENT
CITY
OF TSHWANE METROPOLITAN
MUNICIPALITY
FIFTH RESPONDENT
JUDGMENT
(APPLICATION FOR LEAVE TO APPEAL)
BAQWA,
J
Introduction
[1] The applicants seek
leave to appeal against the judgment of this court handed down on 27
May 2024.
[2] The grounds for leave
to appeal have been fully ventilated in both parties heads of
argument.
[3] Section 17 (1) of The
Superior Courts Act (“the Act”) provides that leave to
appeal may only be granted where the
judge or judges concerned are of
the opinion that;
“
(a)
………………….
(i)
The appeal would have a reasonable prospect
of success; or
(ii)
These is some other compelling reason why
the appeal should be heard, including conflicting judgments on the
matter under consideration.”
[4] After considering all
the submissions, I am satisfied that the applicants have satisfied
the requirements of section 17 (1)
(a) of the Act regarding the
prospects of success on appeal.
[5] Accordingly, the
application for leave to appeal is granted to the full court of
appeal of the Gauteng Division. Costs are costs
in the appeal.
SELBY BAQWA
JUDGE
OF THE HIGH COURT
GAUTENG
DIVISION, PRETORIA
Date
of hearing: 08 November 2024
Date
of judgment: 08 November 2024
Appearance
On behalf of the
Applicants
Adv J Delport
delport@clubadvocates.co.za
On behalf of the
Respondents
Adv RS Mafuyeka
sipho@mafuyeka.co.za