Ekurhuleni Metropolitan Municipality v Lesira Teq Proprietary Limited (34176/2013) [2014] ZAGPPHC 438 (2 April 2014)

Ekurhuleni Metropolitan Municipality v Lesira Teq Proprietary Limited (34176/2013) [2014] ZAGPPHC 438 (2 April 2014)

The court held that although the applicant could have sought leave to file a supplementary founding affidavit, it had abandoned the conditional application and the supplementary affidavit. The applicant elected to rely on its replying affidavit to supplement its founding affidavit, making the supplementary affidavit and conditional application moot. The court found it unnecessary to consider the respondent's grounds for striking out the steps or the merits of admitting the supplementary affidavit. As the application was no longer pursued, it was struck from the roll. Regarding costs, the court noted that the opposing affidavit containing the abandonment was served without a notice of...

Citation
[2014] ZAGPPHC 438
Parties
Applicant: Ekurhuleni Metropolitan Municipality; Respondent: Lesira Teq Proprietary Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 April 2014
Case Number
34176/2013
Procedural Posture
Civil Application / Rule 30/30 a Application to Strike Out Irregular Steps
Outcome
Application struck from the roll; each party to bear its own costs.
Judges
BAM
Legal Topics
Rule 30 Irregular Steps, Supplementary Affidavit, Abandonment of Application
Civil Procedure Rule 30 Irregular Steps Supplementary Affidavit Abandonment of Application

Case Brief

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Parties

Ekurhuleni Metropolitan Municipality

Applicant

Lesira Teq Proprietary Limited

Respondent

Procedural Posture

Civil Application / Rule 30/30 a Application to Strike Out Irregular Steps

Legal Issues

  1. 1 Whether the applicant's conditional application and supplementary founding affidavit constitute irregular steps under Rule 30.
  2. 2 Whether the supplementary founding affidavit should be admitted.
  3. 3 Whether the application should be struck from the roll and how costs should be allocated.

Ratio Decidendi

The court held that although the applicant could have sought leave to file a supplementary founding affidavit, it had abandoned the conditional application and the supplementary affidavit. The applicant elected to rely on its replying affidavit to supplement its founding affidavit, making the supplementary affidavit and conditional application moot. The court found it unnecessary to consider the respondent's grounds for striking out the steps or the merits of admitting the supplementary affidavit. As the application was no longer pursued, it was struck from the roll. Regarding costs, the court noted that the opposing affidavit containing the abandonment was served without a notice of...

Court Disposition

Application struck from the roll; each party to bear its own costs.

Orders

  • The application is struck from the roll.
  • Each party should bear its own costs.