Eldo Village Home Owners Association (NPC) v Pfananani Phanuel Makuya (86467/2017) [2022] ZAGPPHC 614 (24 August 2022)
The court found that the matter could not proceed until the respondent provided items 9 to 11 as specified in the referenced document. Upon provision of these documents, the applicant is obliged to furnish the respondent with the occupation certificate within a week. Given the interlocutory nature and the conduct of...
Source-derived case information.
- Citation
- [2022] ZAGPPHC 614
- Parties
- Applicant: Eldo Village Home Owners Association (NPC); Respondent: Pfananani Phanuel Makuya
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 86467/2017
- Procedural Posture
- Civil Application / Interlocutory
- Outcome
- Application postponed sine die with directions for document exchange and no order as to costs.
- Judges
- de Vos
- Legal Topics
- Postponement, Document Disclosure, Occupation Certificate, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eldo Village Home Owners Association (NPC)
Applicant
Pfananani Phanuel Makuya
Respondent
Procedural Posture
Civil Application / Interlocutory
Legal Issues
- 1 Whether the application should be postponed sine die.
- 2 Whether the respondent must provide the applicant with specified documents.
- 3 Whether the applicant must provide the respondent with an occupation certificate upon receipt of documents.
Ratio Decidendi
The court found that the matter could not proceed until the respondent provided items 9 to 11 as specified in the referenced document. Upon provision of these documents, the applicant is obliged to furnish the respondent with the occupation certificate within a week. Given the interlocutory nature and the conduct of both parties, the court determined that each should bear their own costs. The application was accordingly postponed sine die pending compliance.
Court Disposition
Application postponed sine die with directions for document exchange and no order as to costs.
Orders
- The application is postponed sine die.
- The respondent is to provide the applicant with items 9 - 11 as set out in the document commencing at CaseLines A 325 to A 327.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: 86467/2017
REPORTABLE: NO
OF INTEREST TO OTHER JUDGES: NO
REVISED: NO
24 August 2022
In the matter between:
ELDO VILLAGE HOME OWNERS ASSOCIATION (NPC)
Applicant
and
PFANANANI PHANUEL MAKUYA Respondent
ORDER
Having heard the parties and considered the matter the following order is granted:
1. The application is postponed sine die;
2. The respondent is to provide the applicant with items 9 - 11 as set out in the document that commences at CaseLines A 325 and runs to A 327;
3. The applicant is to provide the respondent with an occupation
certificate within a week from the documents in paragraph 2 being provided to the respondent; and
4. Each party to pay their own costs.
I de Vos
Acting Judge of the High Court
Delivered: This judgement is handed down electronically by uploading it to the electronic file of this matter on CaseLines. As a courtesy gesture, it will be sent to the parties/their legal representatives by email.