Fikeni and Others v Mlamli Projects CC and Others, In re: Mlamli Projects CC v Fikeni and Others (39611/2013) [2015] ZAGPPHC 880 (29 October 2015)

Fikeni and Others v Mlamli Projects CC and Others, In re: Mlamli Projects CC v Fikeni and Others (39611/2013) [2015] ZAGPPHC 880 (29 October 2015)

The court found that the applicants failed to show sufficient cause for a postponement. The alleged cession agreement between the IDT and the Department was invalid as it contravened clause 19.1 of the contract, which required Mlamli's written consent for any cession. The timing of the substitution application, filed shortly before trial despite the cession agreement having been concluded months earlier, was viewed as a delaying tactic. The prejudice to Mlamli, who had awaited payment since 2012, outweighed any inconvenience to the applicants. The Department, not being a party to the main action, should not bear the costs. The application for postponement was refused, and the applicants...

Citation
[2015] ZAGPPHC 880
Parties
Applicant: SM Fikeni; Applicant: MIB Matlute; Applicant: ZQL Mdhladhla; Applicant: MM Mlenganana; Applicant: NFT Mpulwana; Applicant: MM Molalo; Applicant: TE Motswaledi; Applicant: RAS Patel; Applicant: P Nkomo; Applicant: ZAT Zitha; Applicant: GC Zulu-Khabanyane; Respondent: Mlamli Projects CC; Respondent: Department of Public Works, Roads & Transport (Mpumalanga Province)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 October 2015
Case Number
39611/2013
Procedural Posture
Civil Application / Application for Postponement in Main Action
Outcome
Application for postponement refused with costs, including costs of appearance for the Department on an attorney and client scale.
Judges
Mngqibisa-Thusi
Legal Topics
Postponement, Cession of Contract, Building Contract Dispute, Costs Order
Civil Procedure Commercial and Corporate Postponement Cession of Contract Building Contract Dispute Costs Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

SM Fikeni

Applicant

MIB Matlute

Applicant

ZQL Mdhladhla

Applicant

MM Mlenganana

Applicant

NFT Mpulwana

Applicant

MM Molalo

Applicant

TE Motswaledi

Applicant

RAS Patel

Applicant

P Nkomo

Applicant

ZAT Zitha

Applicant

GC Zulu-Khabanyane

Applicant

Mlamli Projects CC

Respondent

Department of Public Works, Roads & Transport (Mpumalanga Province)

Respondent

Procedural Posture

Civil Application / Application for Postponement in Main Action

Legal Issues

  1. 1 Whether the applicants have shown good cause for a postponement of the trial.
  2. 2 Whether the alleged cession agreement between the IDT and the Department is valid and affects the rights of the plaintiff.
  3. 3 Whether the Department should be liable for costs of the postponement application.

Ratio Decidendi

The court found that the applicants failed to show sufficient cause for a postponement. The alleged cession agreement between the IDT and the Department was invalid as it contravened clause 19.1 of the contract, which required Mlamli's written consent for any cession. The timing of the substitution application, filed shortly before trial despite the cession agreement having been concluded months earlier, was viewed as a delaying tactic. The prejudice to Mlamli, who had awaited payment since 2012, outweighed any inconvenience to the applicants. The Department, not being a party to the main action, should not bear the costs. The application for postponement was refused, and the applicants...

Court Disposition

Application for postponement refused with costs, including costs of appearance for the Department on an attorney and client scale.

Orders

  • The application for postponement is refused with costs, including costs of appearance on behalf of the second respondent on an attorney and client scale.