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2026
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[2026] ZAGPJHC 86
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Tladi and Others v City Johannesburg Metropolitan Municipality and Others (05024/2020) [2026] ZAGPJHC 86 (5 February 2026)
REPUBLIC OF SOUTH
AFRICA
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO
:
05024/2020
(1)
REPORTABLE:
NO
(2)
OF INTEREST TO OTHER JUDGES:
NO
(3)
REVISED:
NO
Date:
05 February 2026
In the matter
between:
FRIDA
TLADI (NEE
SEOME) 1
st
APPLICANT
EPHRAIM
SEOME
2
nd
APPLICANT
MARTHA
JOHANNA KEDISALETSI MOFUBE
3
rd
APPLICANT
(NEE
SEOME)
OFNIEL
PETER
MODISE
4
th
APPLICANT
And
CITY
JOHANNESBURG METROPOLITAN MUNICIPALITY
1
st
RESPONDENT
EXECUTORS
(RAMOERANE ABIZETTE SEOMA)
2
nd
RESPONDENT
MAAJE
CHRISTINA
SEOMA
3
rd
RESPONDENT
THE
DIRECTOR GENERAL FOR HUMAN
4
th
RESPONDENT
SETTLEMENT(PRETORIA)
THE
MEC FOR HUMAN SETTLEMENT
5
th
RESPONDENT
(GAUTENG
PROVINCE)
THE
REGISTRAR OF DEEDS (JOHANNESBURG)
6
th
RESPONDENT
THE
MASTER OF THE SOUTH GAUTENG HIGH COURT
7
th
RESPONDENT
Coram:
Dlamini J
Heard
:
January 2026
Delivered:
05 February 2026 – This judgment was handed down
electronically by circulation to the parties' representatives
via
email, by being uploaded to
CaseLines,
and by release to
SAFLII. The date and time for the hand-down is deemed to be 10:30 on
05 February 2026
JUDGMENT
DLAMINI J
Introduction
1.
This is an application for leave to appeal
the order and judgment that I handed down on 5 July 2023, dismissing
the applicant’s
claim.
2.
In September 2023, the applicants filed a
notice of motion for condonation of the applicant’s late filing
of the application
for leave to appeal.
3.
Under the Uniform Rules, the appeal should
have been filed within 15 court days of the judgment's issuance.
4.
In the application for condonation of the
late filing of the leave to appeal application, the applicant
proffers several reasons
for the delay.
5.
Having considered the applicant’s
grounds for condonation, I find that, in the interest of justice,
condonation is hereby
granted.
6.
I now turn to the main grounds for the
applicants’ leave to appeal. The applicants have filed
substantial grounds for leave
to appeal. These grounds, the trial
record, and the pleadings must be considered incorporated herein.
7.
The test for leave to appeal is now well
established. The question is whether the applicant has satisfied the
requirements for leave
to appeal as outlined in Section 17(1) of the
Superior Court. Section 17 stipulates that leave to appeal may be
granted only where
the judge or judges concerned are of the view that
the appeal would have a reasonable prospect of success.
8.
I have dealt extensively with all the
applicants' grounds of appeal in my judgment, and the same need not
be repeated herein.
9.
Having carefully considered the factual
background of this matter, the applicant’s grounds for leave to
appeal, and the provisions
of Section 17 of the Act, I am not
persuaded that there are any reasons or exceptional circumstances
that warrant granting leave
to appeal, which would have a reasonable
prospect of success. There are no compelling reasons why the appeal
should be heard.
10.
The courts of appeal have repeatedly
cautioned against granting leave to appeal when the prospects of
success are nonexistent. In
this regard, this assists in preventing
unnecessary congestion of the appellate court rolls.
Costs
11.
The trite principle of our law is that
costs follow the event and are awarded to the successful party. There
is no reason why this
court should depart from this principle.
12.
I make the following order
ORDER
1.
The applicant’s application for leave
to appeal is dismissed with costs.
DLAMINI
J
Judge of the High
Court
Gauteng
Division, Johannesburg
For
the Applicants:
Email:
BJ
RADASI INC ATTORNEYS
bj@radasiattorneys.co.za
For
the 2
nd
and 3
rd
:
Respondents
Email:
RANKOOA
ATTORNEYS
rankooa.attorneys@gmail.com