Kies v Strydom and Other (25846/2014) [2014] ZAGPPHC 396 (19 June 2014)

Kies v Strydom and Other (25846/2014) [2014] ZAGPPHC 396 (19 June 2014)

The applicant repeatedly instituted proceedings in violation of explicit court orders requiring leave and payment of costs before further litigation. He failed to obtain valid leave from the Deputy Judge President and did not pay outstanding costs, as required by previous orders. His conduct demonstrated deliberate and bad faith disregard for the authority of the court. The main and consent applications were not properly before the court and were dismissed. The applicant was found guilty of contempt of both the Motlhe J and Murphy J orders. The previously suspended sentence of 30 days imprisonment was put into operation, and an additional 60 days imprisonment was imposed, suspended on...

Citation
[2014] ZAGPPHC 396
Parties
Applicant: Theodore Frederik Kies; Respondent: Pieter Hendrik Strydom; Respondent: John Roderick Graeme Polson; Respondent: Louis Strydom; Respondent: Deon Botha; Respondent: Sandra Joan McKenzie
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 June 2014
Case Number
25846/2014
Procedural Posture
Urgent Application / Judgment
Outcome
Applications dismissed; applicant found guilty of contempt; suspended sentence activated; further suspended sentence imposed; costs awarded against applicant.
Judges
Thobane
Legal Topics
Sequestration Order, Civil Contempt, Costs Orders, Leave to Institute Proceedings, Rehabilitation Application
Civil Procedure Land and Property Sequestration Order Civil Contempt Costs Orders Leave to Institute Proceedings Rehabilitation Application

Case Brief

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Parties

Theodore Frederik Kies

Applicant

Pieter Hendrik Strydom

Respondent

John Roderick Graeme Polson

Respondent

Louis Strydom

Respondent

Deon Botha

Respondent

Sandra Joan McKenzie

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the applicant was in contempt of previous court orders restraining litigation without leave.
  2. 2 Whether the main application for rescission of sequestration or rehabilitation was properly before the court.
  3. 3 Whether the applicant had obtained valid consent or leave to proceed with the applications.

Ratio Decidendi

The applicant repeatedly instituted proceedings in violation of explicit court orders requiring leave and payment of costs before further litigation. He failed to obtain valid leave from the Deputy Judge President and did not pay outstanding costs, as required by previous orders. His conduct demonstrated deliberate and bad faith disregard for the authority of the court. The main and consent applications were not properly before the court and were dismissed. The applicant was found guilty of contempt of both the Motlhe J and Murphy J orders. The previously suspended sentence of 30 days imprisonment was put into operation, and an additional 60 days imprisonment was imposed, suspended on...

Court Disposition

Applications dismissed; applicant found guilty of contempt; suspended sentence activated; further suspended sentence imposed; costs awarded against applicant.

Orders

  • The main application (case number 4363/14) is dismissed.
  • The consent application (case number 25846/14) is dismissed.