Concrete Factory BK en Anders v Ehlers en Anders (13814/09) [2009] ZAGPPHC 268 (7 August 2009)

Concrete Factory BK en Anders v Ehlers en Anders (13814/09) [2009] ZAGPPHC 268 (7 August 2009)

The court found that the applicants failed to comply with the strict procedural requirements for urgent applications in the North Gauteng High Court. The application was set down on a Monday, contrary to established practice, and the respondents were not afforded reasonable time to prepare and file opposing...

Source-derived case information.

Citation
[2009] ZAGPPHC 268
Parties
Applicant: Concrete Factory BK; Applicant: Paul Phillipus Beyl; Applicant: Hermanus Stephanus Annandale; Respondent: Frik Ehlers; Respondent: Adriaan Marais; Respondent: Die Balju Wonderboom
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Case Number
13814/09
Procedural Posture
Urgent Application / Application to Strike Matter From the Urgent Roll
Outcome
Application struck from the roll for non-compliance with urgent application procedures.
Judges
Prinsloo R
Legal Topics
Spoliation, Urgent Application Procedure, Striking From the Roll, Commercial Lease Dispute
Civil Procedure Land and Property Spoliation Urgent Application Procedure Striking From the Roll Commercial Lease Dispute

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Summary, issues, holding and outcome

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Parties

Concrete Factory BK

Applicant

Paul Phillipus Beyl

Applicant

Hermanus Stephanus Annandale

Applicant

Frik Ehlers

Respondent

Adriaan Marais

Respondent

Die Balju Wonderboom

Respondent

Procedural Posture

Urgent Application / Application to Strike Matter From the Urgent Roll

  1. 1 Whether the application qualifies for urgent relief and should be heard as an urgent matter.
  2. 2 Whether the applicants complied with the procedural requirements for urgent applications in the division.
  3. 3 Whether sufficient time was afforded to the respondents to prepare opposing affidavits.

Ratio Decidendi

The court found that the applicants failed to comply with the strict procedural requirements for urgent applications in the North Gauteng High Court. The application was set down on a Monday, contrary to established practice, and the respondents were not afforded reasonable time to prepare and file opposing affidavits. The founding papers did not provide any motivation for deviation from the prescribed procedures. The court held that condoning such conduct would set a dangerous precedent and undermine the integrity of urgent application procedures. Furthermore, the matter did not warrant immediate judicial attention as there was no threat to life or similar considerations. The application...

Court Disposition

Application struck from the roll for non-compliance with urgent application procedures.

Orders

  • The application is struck from the roll.
  • The applicants are ordered jointly and severally to pay the first respondent's costs, including the costs of two advocates.