Engen Petroleum Ltd and Others v Municipal Manager of the Gamagara Local Municipality and Others (1712/23) [2023] ZANCHC 65 (13 October 2023)

Engen Petroleum Ltd and Others v Municipal Manager of the Gamagara Local Municipality and Others (1712/23) [2023] ZANCHC 65 (13 October 2023)

The court found that the applicants failed to establish genuine urgency. The evidence showed that the applicants were aware of the respondents' intentions and relevant approvals for a significant period before launching the application. Their explanations for delay were unconvincing, and the argument that the construction was obscured from view was rejected based on photographic evidence. The court held that any urgency was self-created and that the applicants could not justify deviation from normal procedures. Consequently, the application was removed from the roll for lack of urgency, and a punitive costs order was made against the applicants for abusing the urgent court process.

Citation
[2023] ZANCHC 65
Parties
Applicant: Engen Petroleum Ltd; Applicant: Zelmond Investments (Pty) Ltd; Applicant: Trackstar Trading 20 CC; Applicant: Saffi Lam (Pty) Ltd; Respondent: Municipal Manager of the Gamagara Local Municipality; Respondent: Gamagara Local Municipality; Respondent: Building Control Officer: Gamagara Local Municipality; Respondent: Resilient Properties (Pty) Ltd; Respondent: Baroka Filling Station CC
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
13 October 2023
Case Number
1712/23
Procedural Posture
Urgent Application / Application for Interim Interdict and Costs, Heard as Urgent Motion
Outcome
Application removed from the roll for lack of urgency; punitive costs order granted against applicants.
Judges
A.D Olivier
Legal Topics
Interim Interdict, Urgency in Motion Proceedings, Town Planning Legislation, National Building Regulations, Locus Standi, Punitive Costs
Land and Property Civil Procedure Administrative Law Interim Interdict Urgency in Motion Proceedings Town Planning Legislation National Building Regulations Locus Standi +1 more

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Parties

Engen Petroleum Ltd

Applicant

Zelmond Investments (Pty) Ltd

Applicant

Trackstar Trading 20 CC

Applicant

Saffi Lam (Pty) Ltd

Applicant

Municipal Manager of the Gamagara Local Municipality

Respondent

Gamagara Local Municipality

Respondent

Building Control Officer: Gamagara Local Municipality

Respondent

Resilient Properties (Pty) Ltd

Respondent

Baroka Filling Station CC

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict and Costs, Heard as Urgent Motion

Legal Issues

  1. 1 Whether the application should be heard as urgent.
  2. 2 Whether the applicants have established sufficient urgency to justify deviation from normal court procedures.
  3. 3 Whether the applicants are entitled to interim interdictory relief pending review.

Ratio Decidendi

The court found that the applicants failed to establish genuine urgency. The evidence showed that the applicants were aware of the respondents' intentions and relevant approvals for a significant period before launching the application. Their explanations for delay were unconvincing, and the argument that the construction was obscured from view was rejected based on photographic evidence. The court held that any urgency was self-created and that the applicants could not justify deviation from normal procedures. Consequently, the application was removed from the roll for lack of urgency, and a punitive costs order was made against the applicants for abusing the urgent court process.

Court Disposition

Application removed from the roll for lack of urgency; punitive costs order granted against applicants.

Orders

  • The application is removed from the roll due to lack of urgency.
  • The applicants are to pay the costs of this application jointly and severally, the one paying the others to be absolved, on a scale as between attorney and client, including the costs of two counsel where appropriate.