Datawallet (Pty) Ltd and Another v Thamani Mobile (Pty) Ltd and Others (2024/090086) [2024] ZAGPPHC 1215 (25 November 2024)

Datawallet (Pty) Ltd and Another v Thamani Mobile (Pty) Ltd and Others (2024/090086) [2024] ZAGPPHC 1215 (25 November 2024)

The court found that although the order granted by Teffo J was framed as an interim interdict, it was final in effect as it determined the rights to the core clients and the business relationship between the parties. The breakdown in trust and the determinative nature of the order rendered it final for purposes of suspension under section 18(2) of the Superior Courts Act. Consequently, the application for leave to appeal suspended the operation of the order. Regarding the application for interim implementation under section 18(3), the applicants failed to discharge the onus of proving that the respondents would not suffer irreparable harm if the order was implemented. The respondents...

Citation
[2024] ZAGPPHC 1215
Parties
Applicant: Datawallet (Pty) Ltd; Applicant: Suliware (Pty) Ltd; Respondent: Thamani Mobile (Pty) Ltd; Respondent: Gezani Freddy Mashele; Respondent: F Casey and Associates (Pty) Ltd; Respondent: Sefako Makgatho Health Sciences University (Medunsa)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 November 2024
Case Number
2024/090086
Procedural Posture
Urgent Application / Application for Declarator and Interim Implementation Order Under Section 18 of the Superior Courts Act Following Grant of Interim Interdict and Pending Leave to Appeal.
Outcome
Application for declarator dismissed. The application for interim implementation under section 18(3) is dismissed with costs. The application for leave to appeal suspends the order of Teffo J.
Judges
Labuschagne AJ
Legal Topics
Interim Interdict, Section 18 Superior Courts Act, Finality of Orders, Irreparable Harm, Sale of Business, Urgent Application
Civil Procedure Commercial and Corporate Interim Interdict Section 18 Superior Courts Act Finality of Orders Irreparable Harm Sale of Business Urgent Application

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Parties

Datawallet (Pty) Ltd

Applicant

Suliware (Pty) Ltd

Applicant

Thamani Mobile (Pty) Ltd

Respondent

Gezani Freddy Mashele

Respondent

F Casey and Associates (Pty) Ltd

Respondent

Sefako Makgatho Health Sciences University (Medunsa)

Respondent

Procedural Posture

Urgent Application / Application for Declarator and Interim Implementation Order Under Section 18 of the Superior Courts Act Following Grant of Interim Interdict and Pending Leave to Appeal.

Legal Issues

  1. 1 Whether the interim order granted by Teffo J is suspended by the filing of an application for leave to appeal.
  2. 2 Whether the interim order is interlocutory or final in effect for purposes of suspension under section 18(2) of the Superior Courts Act.
  3. 3 Whether the applicants have discharged the onus under section 18(3) for interim implementation of the order pending appeal.

Ratio Decidendi

The court found that although the order granted by Teffo J was framed as an interim interdict, it was final in effect as it determined the rights to the core clients and the business relationship between the parties. The breakdown in trust and the determinative nature of the order rendered it final for purposes of suspension under section 18(2) of the Superior Courts Act. Consequently, the application for leave to appeal suspended the operation of the order. Regarding the application for interim implementation under section 18(3), the applicants failed to discharge the onus of proving that the respondents would not suffer irreparable harm if the order was implemented. The respondents...

Court Disposition

Application for declarator dismissed. The application for interim implementation under section 18(3) is dismissed with costs. The application for leave to appeal suspends the order of Teffo J.

Orders

  • The application for leave to appeal filed by the first and second respondents has suspended the order of Teffo J, which is an order of an interlocutory nature but with final effect.
  • The application in terms of section 18(3) is dismissed with costs.