Diamond Igoda View (Pty) Ltd and Another v Igoda Farm CC (EL 790/10, ECD 1590/10) [2011] ZAECELLC 5 (14 June 2011)

Diamond Igoda View (Pty) Ltd and Another v Igoda Farm CC (EL 790/10, ECD 1590/10) [2011] ZAECELLC 5 (14 June 2011)

The court found that service of summons on the first applicant was not effected at its registered office as required by Rule 4, nor was there evidence that the agents served were authorised to accept service. The domicilium clause in the deed of sale did not extend to the first applicant, who was not a party to the agreement, and there was no written authorisation for service on the agents. The letter sent by the applicants was sufficient notice under Rule 30(2)(b), as it specified the particulars of the irregularity and indicated an intention to invoke Rule 30. The court granted condonation for non-compliance with Rule 30(2)(c) time limits. Accordingly, service on the first applicant was...

Citation
[2011] ZAECELLC 5
Parties
Applicant: Diamond Igoda View (Pty) Ltd; Applicant: Charles Robin Diamond; Respondent: Igoda Farms CC
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
14 June 2011
Case Number
EL 790/10, ECD 1590/10
Procedural Posture
Irregular Proceedings Application / Application for Setting Aside Service of Summons Under Rule 30
Outcome
Application partly granted; service on first applicant set aside, application regarding second applicant dismissed.
Judges
N G Beshe
Legal Topics
Service of Process, Rule 30 Irregular Proceedings, Domicilium Citandi Et Executandi, Condonation of Non Compliance
Civil Procedure Service of Process Rule 30 Irregular Proceedings Domicilium Citandi Et Executandi Condonation of Non Compliance

Case Brief

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Parties

Diamond Igoda View (Pty) Ltd

Applicant

Charles Robin Diamond

Applicant

Igoda Farms CC

Respondent

Procedural Posture

Irregular Proceedings Application / Application for Setting Aside Service of Summons Under Rule 30

Legal Issues

  1. 1 Whether service of summons on the applicants was proper and in compliance with Rule 4 of the Uniform Rules of Court.
  2. 2 Whether the applicants complied with the procedural requirements of Rule 30(2) before bringing the application.
  3. 3 Whether the nominated domicilium citandi et executandi in the deed of sale extended to service of legal process.

Ratio Decidendi

The court found that service of summons on the first applicant was not effected at its registered office as required by Rule 4, nor was there evidence that the agents served were authorised to accept service. The domicilium clause in the deed of sale did not extend to the first applicant, who was not a party to the agreement, and there was no written authorisation for service on the agents. The letter sent by the applicants was sufficient notice under Rule 30(2)(b), as it specified the particulars of the irregularity and indicated an intention to invoke Rule 30. The court granted condonation for non-compliance with Rule 30(2)(c) time limits. Accordingly, service on the first applicant was...

Court Disposition

Application partly granted; service on first applicant set aside, application regarding second applicant dismissed.

Orders

  • Condonation of non-compliance with Rule 30(2)(c) time limits is granted.
  • Service of summons on the first applicant is declared of no effect and set aside if the first applicant is not a party to the sale agreement.