Base Major Construction (Pty) Ltd v Esorfraki Pipelies (Pty) Ltd and Others (56730/2012) [2024] ZAGPPHC 430 (30 April 2024)

Parties

Procedural Posture

Urgent Application / Application to Strike Matter From Urgent Roll

Legal Issues

1. 1 Whether the application is urgent and should be heard as such.
2. 2 Whether the warrant of execution issued and served is null and void due to violation of a prior court order.
3. 3 Whether the applicant is entitled to a stay of execution pending the rescission application.

Ratio Decidendi

The court found that the applicant failed to provide any explanation for the delay in prosecuting its rescission application since 2017 and did not set out reasons why substantial redress would not be available at a hearing in due course. The applicant was forewarned of the first respondent's intention to execute but did nothing until the warrant was served. The court held that the urgency was self-created and that the applicant's omission to act timeously precluded it from obtaining urgent relief. The argument that the first respondent should have enrolled the rescission application was rejected as meritless. Consequently, the application was struck from the roll for want of urgency,...

Court Disposition

Application struck from the roll for want of urgency with costs on an attorney and client scale, including costs of two counsel.

Orders

• The application is struck from the roll for want of urgency.
• The applicant is ordered to pay costs on an attorney and client scale, including the costs of two counsel.