Khamusi Shonisani Mudau-Mamode v Vhuhwaho Denge

The appellant launched an application in the Regional Court, Sibasa, seeking the eviction of the respondent from immovable property. The eviction application was opposed. At the hearing of the opposed motion, the appellant applied in terms of Magistrates’ Court rule 55(1)(k) for the matter to be referred to oral evidence, alleging disputes of fact. The regional court dismissed the application for referral to oral evidence with costs and immediately thereafter dismissed the eviction application itself with costs, both ex tempore. The appellant appealed only the refusal to refer the matter to oral evidence. The High Court, sitting as a full bench, dismissed that appeal. The appellant then obtained special leave to appeal to the Supreme Court of Appeal.

The appeal was struck off the roll with no order as to costs.

The case reaffirms the principle that appellate courts will not entertain appeals that are moot and have no practical effect, particularly where the underlying substantive order is final and not appealed. It underscores the importance of properly framing appeals in civil procedure and illustrates the limits of appellate intervention where relief sought cannot alter the legal position of the parties.