African Unity Life Ltd v Boikantos's Funeral Home (M12/2018) [2019] ZANWHC 36 (30 May 2019)

African Unity Life Ltd v Boikantos's Funeral Home (M12/2018) [2019] ZANWHC 36 (30 May 2019)

The Court held that the points in limine raised by the respondent—namely, no prima facie case made out in the founding affidavit, lack of locus standi, and existence of material disputes of fact—should be argued first before the merits of the case are addressed. The Court found that, although raising such points for the first time in heads of argument may sometimes amount to trial by ambush, in this instance the applicant would not suffer prejudice if the preliminary points were argued first. The Court relied on established principles that affidavits in motion proceedings must clearly set out the issues and evidence, and that parties are entitled to raise legal arguments arising from the...

Citation
[2019] ZANWHC 36
Parties
Applicant: African Unity Life Ltd; Respondent: Boikanyo’s Funeral Home
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
30 May 2019
Case Number
M12/2018
Procedural Posture
Civil Application / Interlocutory Order on Points in Limine; Merits Not Yet Argued
Outcome
Interlocutory order: Points in limine to be argued before the merits; no final determination on the merits.
Judges
Gura
Legal Topics
Cession of Claims, Contractual Breach, Locus Standi, Prima Facie Case, Disputes of Fact
Commercial and Corporate Civil Procedure Cession of Claims Contractual Breach Locus Standi Prima Facie Case Disputes of Fact

Case Brief

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Parties

African Unity Life Ltd

Applicant

Boikanyo’s Funeral Home

Respondent

Procedural Posture

Civil Application / Interlocutory Order on Points in Limine; Merits Not Yet Argued

Legal Issues

  1. 1 Whether the applicant has made out a prima facie case in the founding affidavit.
  2. 2 Whether the applicant has locus standi to bring the application based on the cession agreement.
  3. 3 Whether there are material disputes of fact that preclude determination on affidavit.

Ratio Decidendi

The Court held that the points in limine raised by the respondent—namely, no prima facie case made out in the founding affidavit, lack of locus standi, and existence of material disputes of fact—should be argued first before the merits of the case are addressed. The Court found that, although raising such points for the first time in heads of argument may sometimes amount to trial by ambush, in this instance the applicant would not suffer prejudice if the preliminary points were argued first. The Court relied on established principles that affidavits in motion proceedings must clearly set out the issues and evidence, and that parties are entitled to raise legal arguments arising from the...

Court Disposition

Interlocutory order: Points in limine to be argued before the merits; no final determination on the merits.

Orders

  • The three points in limine raised by the respondent are to be argued first before the hearing of the merits of the case.
  • Costs shall be costs in the cause.