Panki Mbongozi v Mac Mkunyana Investments

The applicant previously brought an urgent application based on the mandament van spolie, alleging that the respondent unlawfully deprived her of possession of certain movable property and refused to hand over possession of leased premises and items after a dispute arising from a lease agreement. The High Court dismissed that spoliation application on 14 November 2023. The present matter concerns the applicant’s application for leave to appeal that decision to the Full Court of the Eastern Cape Division. The respondent opposed the application for leave to appeal.

The application for leave to appeal was dismissed with costs.

The judgment reaffirms the stringent test for granting leave to appeal under section 17 of the Superior Courts Act and confirms that mere disagreement with a court’s findings, including in spoliation matters, is insufficient. It underscores the approach adopted by South African courts post-2013 in limiting unmeritorious appeals.