African Unity Life Ltd v Boikanyo's Funeral Home (M12/2018) [2022] ZANWHC 9 (25 March 2022)

African Unity Life Ltd v Boikanyo's Funeral Home (M12/2018) [2022] ZANWHC 9 (25 March 2022)

The application to admit the omitted annexure was dismissed because it constituted an attempt to circumvent standing procedural orders made by Gura J, which required that points in limine be argued first and prohibited further affidavits without court consent. The applicant's conduct was found to be a flagrant disregard of these orders and an abuse of the court's process. The court held that procedural directives, even if not final in nature, must be complied with unless set aside. The application did not fall within the ambit of Rule 6(5)(e), and the argument that the matter was interlocutory did not assist the applicant. The court expressed its disapproval by awarding costs on an...

Citation
[2022] ZANWHC 9
Parties
Applicant: African Unity Life Ltd; Respondent: Boikanyo's Funeral Home
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
25 March 2022
Case Number
M12/2018
Procedural Posture
Civil Application / Application to Admit Omitted Annexure to Founding Affidavit; Interlocutory Stage
Outcome
Application dismissed with costs on an attorney and client scale.
Judges
R D Hendricks
Legal Topics
Points in Limine, Locus Standi, Admission of Evidence, Res Judicata, Abuse of Process
Civil Procedure Points in Limine Locus Standi Admission of Evidence Res Judicata Abuse of Process

Case Brief

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Parties

African Unity Life Ltd

Applicant

Boikanyo's Funeral Home

Respondent

Procedural Posture

Civil Application / Application to Admit Omitted Annexure to Founding Affidavit; Interlocutory Stage

Legal Issues

  1. 1 Whether the applicant may supplement its founding affidavit by admitting a missing annexure after prior procedural orders.
  2. 2 Whether the application is barred by previous rulings or constitutes an abuse of process.
  3. 3 Whether the applicant's conduct amounts to circumventing a standing court order.

Ratio Decidendi

The application to admit the omitted annexure was dismissed because it constituted an attempt to circumvent standing procedural orders made by Gura J, which required that points in limine be argued first and prohibited further affidavits without court consent. The applicant's conduct was found to be a flagrant disregard of these orders and an abuse of the court's process. The court held that procedural directives, even if not final in nature, must be complied with unless set aside. The application did not fall within the ambit of Rule 6(5)(e), and the argument that the matter was interlocutory did not assist the applicant. The court expressed its disapproval by awarding costs on an...

Court Disposition

Application dismissed with costs on an attorney and client scale.

Orders

  • The application filed with the Registrar of this Court on 04 August 2021 is dismissed.
  • The applicant is ordered to pay the costs of this application dated 04 August 2021 on an attorney and client scale.