Impac Prop CC v Mohammad & Others (2021-44017) [2024] ZAGPJHC 211 (8 March 2024)

Impac Prop CC v Mohammad & Others (2021-44017) [2024] ZAGPJHC 211 (8 March 2024)

The court found that the respondents' explanation for their non-appearance was reasonable and supported by evidence, as their attorney did not realise the matter was on the roll. The respondents demonstrated a bona fide defence to the costs order, arguing that the proceedings were unnecessary and that they were not properly cited as trustees. The court agreed that there may be merit in the respondents' contention that the costs order, especially a punitive one, should not have been granted. Accordingly, good cause for rescission was established, and the application for rescission was granted. The costs of the rescission application were awarded against the first to eleventh respondents,...

Citation
[2024] ZAGPJHC 211
Parties
Applicant: Impac Prop CC; Respondent: Mohammad, Azeem N O; Respondent: Patel, Mohamad Zuber Daubhal N O; Respondent: Mohammad, Azeem; Respondent: Patel, Mohamad Zuber Daubhal; Respondent: Khan, Muhammed Ali; Respondent: Muhammad, Aslam; Respondent: Ayob, Fatima; Respondent: Vadiwala, Nasrnbanu Mustak; Respondent: Ranchod, Indravadan; Respondent: Ranchod, Pravkn Ranchod; Respondent: Rimshah Trading CC; Respondent: Regap Mansions Body Corporate
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 March 2024
Case Number
2021-44017
Procedural Posture
Review Application / Application for Rescission of Costs Order
Outcome
Application for rescission of costs order granted.
Judges
L R Adams
Legal Topics
Rescission of Judgment, Costs Order, Wilful Default, Bona Fide Defence
Civil Procedure Rescission of Judgment Costs Order Wilful Default Bona Fide Defence

Case Brief

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Parties

Impac Prop CC

Applicant

Mohammad, Azeem N O

Respondent

Patel, Mohamad Zuber Daubhal N O

Respondent

Mohammad, Azeem

Respondent

Patel, Mohamad Zuber Daubhal

Respondent

Khan, Muhammed Ali

Respondent

Muhammad, Aslam

Respondent

Ayob, Fatima

Respondent

Vadiwala, Nasrnbanu Mustak

Respondent

Ranchod, Indravadan

Respondent

Ranchod, Pravkn Ranchod

Respondent

Rimshah Trading CC

Respondent

Regap Mansions Body Corporate

Respondent

Procedural Posture

Review Application / Application for Rescission of Costs Order

Legal Issues

  1. 1 Whether the respondents have shown good cause for rescission of the costs order granted in their absence.
  2. 2 Whether the respondents' default was wilful.
  3. 3 Whether the respondents have a bona fide defence to the costs order.

Ratio Decidendi

The court found that the respondents' explanation for their non-appearance was reasonable and supported by evidence, as their attorney did not realise the matter was on the roll. The respondents demonstrated a bona fide defence to the costs order, arguing that the proceedings were unnecessary and that they were not properly cited as trustees. The court agreed that there may be merit in the respondents' contention that the costs order, especially a punitive one, should not have been granted. Accordingly, good cause for rescission was established, and the application for rescission was granted. The costs of the rescission application were awarded against the first to eleventh respondents,...

Court Disposition

Application for rescission of costs order granted.

Orders

  • The costs order granted on 17 May 2023 in favour of the applicant against the third and fourth respondents is rescinded.
  • The first to eleventh respondents, jointly and severally, the one paying the other to be absolved, shall pay the applicant’s costs of this opposed rescission application.