Joint Equity Investments in Housing (Pty) Ltd and Another v Dlamini Construction CC and Others (21508/2011) [2011] ZAGPPHC 188 (8 September 2011)
The court found that the defendants had disclosed sufficient grounds to justify the granting of leave to defend. There was no basis to deny them the opportunity to present their defence at trial. Accordingly, leave to defend was granted and costs were ordered to be costs in the cause.
Source-derived case information.
- Citation
- [2011] ZAGPPHC 188
- Parties
- Plaintiff: Joint Equity Investments in Housing (Pty) Ltd; Plaintiff: National Urban Reconstruction & Housing Agency (Pty) Ltd; Defendant: Dlamini Construction CC; Defendant: Kenneth Dlamini; Defendant: Blackstone One - Dlamini Holdings (Pty) Ltd; Defendant: Kenneth Dlamini N.O. (in his capacity as Trustee of the KBZ Family Trust)
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Judgment Date
- 8 September 2011
- Case Number
- 21508/2011
- Procedural Posture
- Civil Procedure / Application for Leave to Defend
- Outcome
- Leave to defend granted to the defendants; costs to be costs in the cause.
- Judges
- Goodey AJ
- Legal Topics
- Leave to Defend, Costs in the Cause
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joint Equity Investments in Housing (Pty) Ltd
Plaintiff
National Urban Reconstruction & Housing Agency (Pty) Ltd
Plaintiff
Dlamini Construction CC
Defendant
Kenneth Dlamini
Defendant
Blackstone One - Dlamini Holdings (Pty) Ltd
Defendant
Kenneth Dlamini N.O. (in his capacity as Trustee of the KBZ Family Trust)
Defendant
Procedural Posture
Civil Procedure / Application for Leave to Defend
Legal Issues
- 1 Whether the defendants should be granted leave to defend the action.
- 2 Determination of costs in relation to the application for leave to defend.
Ratio Decidendi
The court found that the defendants had disclosed sufficient grounds to justify the granting of leave to defend. There was no basis to deny them the opportunity to present their defence at trial. Accordingly, leave to defend was granted and costs were ordered to be costs in the cause.
Court Disposition
Leave to defend granted to the defendants; costs to be costs in the cause.
Orders
- Leave is granted to the Defendants to defend the action.
- Costs are to be costs in the cause.
Full Case Text
Judgment text and source record
37 paragraphs
NOT REPORTABLE
IN THE NORTH GAUTENG HIGH COURT,
PRETORIA (REPUBLIC OF SOUTH AFRICA)
CASE NUMBER: 21508/2011
DATE:08/09/2011
In the matter between:
JOINT EQUITY INVESTMENTS IN HOUSING....................................................... First Plaintiff
(PTY)LTD
NATIONAL URBAN RECONSTRUCTION &...................................................... Second Plaintiff
HOUSING AGENCY (PTY) LTD
and
DLAMINI CONSTRUCTION CC..........................................................................First Defendant
KENNETH DLAMINI..................................................................................... Second Defendant
BLACKSTONE ONE - DLAMINI HOLDINGS (PTY) LTD Third Defendant
KENNETH DLAMINI N.O. (IN HIS CAPACITY AS...........................................Fourth Defendant
TRUSTEE OF THE KBZ FAMILY TRUST)
JUDGMENT
GOODEY AJ:
[1] INTRODUCTION:
(1.1) The parties argued matter No 23789/2011 and requested that I hand down judgment in that matter.
(1.2) They further requested that only the order be handed down in this matter.
[2] THE ORDER:
(2.1) In the premises I make the following order:
"1. Leave is granted to the Defendants to defend the action;
2. Costs are to be costs in the cause."
Date of hearing: 30/08/2011
Date of Judgment: 08/09/2011
On behalf of the Plaintiffs:
ADV B STOOP - Pretoria
ATTORNEYS: COET2ER & PARTNERS
343 Farenden Street
Arcadia
Pretoria
On behalf of the Defendants
ADV B CLAVIER - Pretoria
ATTORNEYS: EDELSTEIN BOSMAN INC.
Ref: MrScrooby/RF/IM002045