Deutsches Altersheim Zu Pretoria v Dohmen and Others (34/2014) [2015] ZASCA 3 (5 March 2015)

Deutsches Altersheim Zu Pretoria v Dohmen and Others (34/2014) [2015] ZASCA 3 (5 March 2015)

The Supreme Court of Appeal held that the appeal had become moot due to the death of the first respondent, which terminated the underlying agreement and extinguished any live dispute between the parties. The court reaffirmed that it does not adjudicate abstract legal questions in the absence of a concrete...

Source-derived case information.

Citation
[2015] ZASCA 3
Parties
Appellant: Deutsches Altersheim Zu Pretoria; Respondent: Roland Heinrich Dohmen; Respondent: Daniël Heinrich Dohmen; Respondent: Margretha Anna Botha; Respondent: The City of Tshwane Metropolitan Municipality
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
5 March 2015
Case Number
34/2014
Procedural Posture
Civil Appeal / Appeal From North Gauteng High Court, Pretoria
Outcome
Appeal struck off the roll; appellant ordered to pay two thirds of the respondents' costs.
Judges
Ponnan, Mhlantla, Leach, Zondi, Mayat
Legal Topics
Mootness, Costs on Appeal, Eviction Proceedings, Termination of Agreement
Civil Procedure Mootness Costs on Appeal Eviction Proceedings Termination of Agreement

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Summary, issues, holding and outcome

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Parties

Deutsches Altersheim Zu Pretoria

Appellant

Roland Heinrich Dohmen

Respondent

Daniël Heinrich Dohmen

Respondent

Margretha Anna Botha

Respondent

The City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Civil Appeal / Appeal From North Gauteng High Court, Pretoria

Legal Issues

  1. 1 Whether the appeal has become moot due to the death of the first respondent.
  2. 2 Whether the Supreme Court of Appeal should entertain the merits of the appeal when no live controversy remains.
  3. 3 How costs should be allocated when an appeal is rendered academic by events beyond the parties' control.

Ratio Decidendi

The Supreme Court of Appeal held that the appeal had become moot due to the death of the first respondent, which terminated the underlying agreement and extinguished any live dispute between the parties. The court reaffirmed that it does not adjudicate abstract legal questions in the absence of a concrete controversy. The appeal was therefore struck off the roll. Regarding costs, the court exercised its discretion, considering that the appellant initiated and prosecuted the appeal, persisted in seeking adjudication after the matter became moot, and sought punitive costs without justification. The respondents, however, also contributed to unnecessary costs by not promptly acknowledging the...

Court Disposition

Appeal struck off the roll; appellant ordered to pay two thirds of the respondents' costs.

Orders

  • The appeal is struck off the roll.
  • The appellant is ordered to pay two thirds of the respondents' costs.