Khabu and Others v Matlosana City Council and Another (56948/2014) [2021] ZAGPPHC 502 (4 August 2021)

Khabu and Others v Matlosana City Council and Another (56948/2014) [2021] ZAGPPHC 502 (4 August 2021)

The court found that the plaintiffs made a reasonable secret offer to settle, which the Municipality failed to consider or respond to, despite having evidence of its liability and negligence. The Municipality's inaction was unjustified, especially given its financial position and the hardship suffered by the plaintiffs. Public policy and justice demand that the Municipality bear the costs occasioned by its failure to accept a fair offer. The court exercised its discretion to award costs on an attorney and own client scale from the date of the offer and ordered the Municipality to pay the costs of Ndlovu Plant Hire CC as a successful defendant, as the joinder was necessitated by the...

Citation
[2021] ZAGPPHC 502
Parties
Applicant: Sinah Julia Khabu; Applicant: Otloleng Joseph Keikabile; Applicant: Mamello Khabu; Respondent: Matlosana City Council; Respondent: Ndlovu Plant Hire CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 August 2021
Case Number
56948/2014
Procedural Posture
Civil Application / Application for Reconsideration of Costs Order
Outcome
Application for reconsideration of costs granted. Previous cost orders replaced with orders for attorney and own client costs from the date of the secret offer and costs for Ndlovu Plant Hire CC.
Judges
N Janse van Nieuwenhuizen
Legal Topics
Costs Orders, Secret Offer to Settle, Vicarious Liability, Wrongful and Negligent Act, Party and Party Scale, Attorney and Own Client Scale
Civil Procedure Delict Costs Orders Secret Offer to Settle Vicarious Liability Wrongful and Negligent Act Party and Party Scale Attorney and Own Client Scale

Case Brief

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Parties

Sinah Julia Khabu

Applicant

Otloleng Joseph Keikabile

Applicant

Mamello Khabu

Applicant

Matlosana City Council

Respondent

Ndlovu Plant Hire CC

Respondent

Procedural Posture

Civil Application / Application for Reconsideration of Costs Order

Legal Issues

  1. 1 Whether the cost order granted on 21 February 2021 should be reconsidered in light of a secret offer to settle made by the plaintiffs.
  2. 2 Whether the Municipality should be liable for costs on an attorney and own client scale after the date of the secret offer.
  3. 3 Whether the Municipality should pay the costs of Ndlovu Plant Hire CC as a successful defendant.

Ratio Decidendi

The court found that the plaintiffs made a reasonable secret offer to settle, which the Municipality failed to consider or respond to, despite having evidence of its liability and negligence. The Municipality's inaction was unjustified, especially given its financial position and the hardship suffered by the plaintiffs. Public policy and justice demand that the Municipality bear the costs occasioned by its failure to accept a fair offer. The court exercised its discretion to award costs on an attorney and own client scale from the date of the offer and ordered the Municipality to pay the costs of Ndlovu Plant Hire CC as a successful defendant, as the joinder was necessitated by the...

Court Disposition

Application for reconsideration of costs granted. Previous cost orders replaced with orders for attorney and own client costs from the date of the secret offer and costs for Ndlovu Plant Hire CC.

Orders

  • The plaintiffs' application for reconsideration of costs is granted.
  • Paragraphs 2 and 3 of the order granted on 1 February 2021 relating to costs are replaced.