Dibakoane N.O v Van Den Bos and Others (28772/2020; 2054/2021) [2021] ZAGPJHC 450 (2 June 2021)
The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The discharge of the rule nisi was justified because the applicant did not establish a factual basis for final relief, particularly given the disputed ownership and use of the ABSA account, which serves multiple body corporates and is not exclusively for Queen Anne. The respondents' affidavits in the reconsideration application were accepted as answering affidavits to the Wright J order, ensuring compliance with the audi alteram partem rule. The court also considered the pending application to set aside the appointment of the administrator and the serious allegations against Mr Dibakoane....
- Citation
- [2021] ZAGPJHC 450
- Parties
- Applicant: Nettus Moral Phoney Dibakoane N.O; Respondent: Jan Van Den Bos; Respondent: P Govender; Respondent: M Moyo; Respondent: Tradeworx 148 (Pty) Ltd t/a PAL Property Management & Administrators; Respondent: Leswika Gwangwa; Respondent: Meisie Malapane; Respondent: Gibson Ndlovu; Respondent: Sello Raphela; Respondent: Ruth Mothibedi; Respondent: Maggy Komane; Respondent: The Body Corporate of Queen Anne; Respondent: ABSA Bank
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Judgment Date
- 2 June 2021
- Case Number
- 28772/2020; 2054/2021
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Urgent Court Order Discharging Rule Nisi
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- L Windell
- Legal Topics
- Sectional Titles Schemes Management Act, Rule Nisi, Contempt of Court, Urgent Application, Trust Account Management
Case Brief
Summary, issues, holding and outcome
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Parties
Nettus Moral Phoney Dibakoane N.O
Applicant
Jan Van Den Bos
Respondent
P Govender
Respondent
M Moyo
Respondent
Tradeworx 148 (Pty) Ltd t/a PAL Property Management & Administrators
Respondent
Leswika Gwangwa
Respondent
Meisie Malapane
Respondent
Gibson Ndlovu
Respondent
Sello Raphela
Respondent
Ruth Mothibedi
Respondent
Maggy Komane
Respondent
The Body Corporate of Queen Anne
Respondent
ABSA Bank
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Urgent Court Order Discharging Rule Nisi
Legal Issues
- 1 Whether the applicant has reasonable prospects of success in appealing the discharge of the rule nisi.
- 2 Whether the urgent court was correct in discharging the rule nisi and unfreezing the ABSA account.
- 3 Whether the affidavits filed by respondents in the reconsideration application constituted valid answering affidavits for the Wright J order.
Ratio Decidendi
The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The discharge of the rule nisi was justified because the applicant did not establish a factual basis for final relief, particularly given the disputed ownership and use of the ABSA account, which serves multiple body corporates and is not exclusively for Queen Anne. The respondents' affidavits in the reconsideration application were accepted as answering affidavits to the Wright J order, ensuring compliance with the audi alteram partem rule. The court also considered the pending application to set aside the appointment of the administrator and the serious allegations against Mr Dibakoane....
Court Disposition
Application for leave to appeal dismissed with costs.
Orders
- The application for leave to appeal is dismissed with costs.
- The ABSA bank account must be released and made accessible to PAL Property Management & Administrators upon granting of this order.
Full Case Text
Judgment text and source record
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