FS Mining Wash Plant (Pty) and Another v V-Flow SA (Pty) Ltd and Another (Leave to Appeal) (01/2024) [2024] ZANWHC 121 (7 May 2024)

FS Mining Wash Plant (Pty) and Another v V-Flow SA (Pty) Ltd and Another (Leave to Appeal) (01/2024) [2024] ZANWHC 121 (7 May 2024)

The court found that the contract between the parties expired by effluxion of time, rendering the dispute over possession and spoliation academic and moot. None of the circumstances outlined by the Constitutional Court for hearing a moot appeal were present. The court held that there was no compelling reason in the interests of justice to grant leave to appeal. Accordingly, the application for leave to appeal was dismissed, and costs were awarded against the applicants.

Citation
[2024] ZANWHC 121
Parties
Applicant: FS Mining Wash Plant (Pty) Ltd; Applicant: Dr Precious Thulisile Mabuza; Respondent: V-Flow SA (Pty) Ltd; Respondent: Jabulane Caleb Mavimbela
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
7 May 2024
Case Number
01/2024
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Confirmation of Rule Nisi
Outcome
Application for leave to appeal dismissed with costs.
Judges
FMM Reid
Legal Topics
Mandament Van Spolie, Interim Orders, Leave to Appeal, Mootness, Costs Award
Civil Procedure Mandament Van Spolie Interim Orders Leave to Appeal Mootness Costs Award

Case Brief

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Parties

FS Mining Wash Plant (Pty) Ltd

Applicant

Dr Precious Thulisile Mabuza

Applicant

V-Flow SA (Pty) Ltd

Respondent

Jabulane Caleb Mavimbela

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Confirmation of Rule Nisi

Legal Issues

  1. 1 Whether the order confirming the rule nisi is appealable as an interim spoliation order.
  2. 2 Whether the locking of premises constituted deprivation of possession for purposes of the mandament van spolie.
  3. 3 Whether the matter became moot due to the contract expiring by effluxion of time.

Ratio Decidendi

The court found that the contract between the parties expired by effluxion of time, rendering the dispute over possession and spoliation academic and moot. None of the circumstances outlined by the Constitutional Court for hearing a moot appeal were present. The court held that there was no compelling reason in the interests of justice to grant leave to appeal. Accordingly, the application for leave to appeal was dismissed, and costs were awarded against the applicants.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs of the application for leave to appeal, the one paying the other to be absolved.