The Land Court Act, 2023 (Act No. 6 of 2023)Chapter 5 : Appeals against Judgment or Order of Court and of other Courts31. Appeals against judgment or order of Court |
| (1) | Subject to section 15(1) of the Superior Courts Act, the Constitution and any other law— |
| (a) | an appeal against any decision of the Court of first instance lies, upon leave having been granted— |
| (i) | if the Court consisted of a single judge, either to the Supreme Court of Appeal or to a full court, depending on the direction issued in terms of section 17(6) of the Superior Courts Act; or |
| (ii) | if the Court consisted of more than one judge, to the Supreme Court of Appeal; and |
| (b) | an appeal against any decision of a full court on appeal to it, lies to the Supreme Court of Appeal upon special leave having been granted by the Supreme Court of Appeal. |
| (2) | No judge may sit at the hearing of an appeal against a judgment or an order given in a case that was heard before that judge. |
| (3) | No appeal lies against a judgment or order of the Court except with leave of the Court or, where such leave has been refused, with the leave of the full court and failing that with leave of the Supreme Court of Appeal. |
| (4) | An appeal from a judgment or order of the Court must be heard by a full court in open court. |
| (5) | The full court or the Supreme Court of Appeal may, in granting leave to appeal, vary any order for costs made by the Court or the full court in refusing leave to appeal. |
| (6) | The power to grant leave to appeal as contemplated in subsection (3)— |
| (a) | is not limited by reason only of the value of the matter in dispute or the amount claimed or awarded in the suit or by reason only of the fact that the matter in dispute is incapable of being valued in money; and |
| (b) | is subject to the provisions of any other law which specifically limits it or specifically grants, limits or excludes any right of appeal. |
| (7) | Leave to appeal may be granted subject to such conditions as the Court, the full court or the Supreme Court of Appeal, as the case may be, considers appropriate, including a condition that the applicant files security for the costs of the appeal. |
| (8) | The full court may grant leave to appeal on application made to it within 15 days, or such longer period as may on good cause be allowed, after the Court has refused leave to appeal. |
| (9) |
| (a) | An application to the full court in terms of subsection (8) must— |
| (i) | be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief; and |
| (ii) | be addressed to the registrar of the Court and to all other parties in the proceedings before the Court. |
| (b) | The application must be considered by two judges of the Court designated by the Judge President of the Court, and in the case of a difference of opinion, also by the Judge President of the Court or any other judge so designated. |
| (c) | The judges considering the application may order that the application be argued before them at a time and place appointed, and may, whether or not they have so ordered— |
| (i) | grant or refuse the application; or |
| (ii) | refer the application to the full court for consideration, whether upon argument or otherwise, and where an application has been so referred, the full court may thereupon grant or refuse the application. |
| (d) | The decision of the majority of the judges considering the application, or the decision of the full court, as the case may be, to grant or refuse the application, is final. |
| (e) | Notice of the date and place fixed for the hearing of the application must be given to the applicant and the respondent by the registrar of the Court. |
| (10) | The full court, on the hearing of any appeal from the Court, has the power to— |
| (a) | receive further evidence; |
| (b) | remit the case to the Court for further hearing, with such instructions as regards the taking of further evidence or otherwise as the full court considers necessary; or |
| (c) | confirm, amend or set aside the judgment or order which is the subject of the appeal and to give any judgment or make any order which the circumstances may require. |
| (11) | Nothing in this section may be construed as preventing an appeal from a judgment or order of the Court being made directly to the Constitutional Court, if such an appeal is allowed by national legislation and by the rules of the Constitutional Court. |