Die Volle Evangelie Kerk Van God South Africa and Others v World Hope Ministries and Another (13530/2006) [2009] ZAWCHC 226 (16 November 2009)

Die Volle Evangelie Kerk Van God South Africa and Others v World Hope Ministries and Another (13530/2006) [2009] ZAWCHC 226 (16 November 2009)

The court found that the previous order regarding the separation of issues was based on a mistaken assumption that the locus standi issue had been abandoned by the defendants. Upon reconsideration, and in the absence of substantive opposition from the plaintiffs, the court held that it was empowered to correct its...

Source-derived case information.

Citation
[2009] ZAWCHC 226
Parties
Plaintiff: Die Volle Evangelie Kerk Van God in S.A.; Plaintiff: Die Volle Evangelie Kerk Van God in SA: Surrey Estate; Plaintiff: Die Streeksraad vir die Skiereiland; Defendant: World Hope Ministries; Defendant: Raymond Le Fleur
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Case Number
13530/2006
Procedural Posture
Civil Procedure / Interlocutory Application for Amendment of Previous Order Regarding Separation of Issues
Outcome
Order amended to include locus standi as a separate issue for adjudication.
Judges
Steyn
Legal Topics
Separation of Issues, Locus Standi, Ownership Dispute
Civil Procedure Land and Property Separation of Issues Locus Standi Ownership Dispute

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Parties

Die Volle Evangelie Kerk Van God in S.A.

Plaintiff

Die Volle Evangelie Kerk Van God in SA: Surrey Estate

Plaintiff

Die Streeksraad vir die Skiereiland

Plaintiff

World Hope Ministries

Defendant

Raymond Le Fleur

Defendant

Procedural Posture

Civil Procedure / Interlocutory Application for Amendment of Previous Order Regarding Separation of Issues

  1. 1 Whether the previous order regarding separation of issues should be amended to include locus standi as a separate issue for adjudication.
  2. 2 Whether the court has the power to mero motu amend an interlocutory order.

Ratio Decidendi

The court found that the previous order regarding the separation of issues was based on a mistaken assumption that the locus standi issue had been abandoned by the defendants. Upon reconsideration, and in the absence of substantive opposition from the plaintiffs, the court held that it was empowered to correct its interlocutory order mero motu. The court determined that including locus standi as a separate issue for adjudication would not prejudice the plaintiffs, as this issue would have to be addressed during the trial in any event. Accordingly, the order of 28 October 2009 was amended to provide that both ownership and locus standi would be separately adjudicated.

Court Disposition

Order amended to include locus standi as a separate issue for adjudication.

Orders

  • The order of 28 October 2009 is amended to provide that the issue of locus standi of the plaintiffs shall form part of the separate adjudication of the matter for which oral evidence is to be led.