Klein Dumpie CC and Others v Jaments Entrprise (Pty) Ltd (75134/2016) [2017] ZAGPPHC 336 (2 June 2017)

Klein Dumpie CC and Others v Jaments Entrprise (Pty) Ltd (75134/2016) [2017] ZAGPPHC 336 (2 June 2017)

The court found that the urgency in the application was self-created by the applicants' delay in raising the issue and instituting proceedings. The underlying causa of the order was settled by agreement and made an order of court, ending the original dispute. The alleged error in calculation is a new, unilateral dispute and does not constitute an ongoing dispute of the underlying causa as contemplated by the relevant case law. No proceedings for variation are pending, and the applicants continued to make payments under the order. The applicants would have adequate redress through repayment if successful in future proceedings. No irreparable harm or injustice would result from refusing the...

Citation
[2017] ZAGPPHC 336
Parties
Applicant: Klein Duimpie CC; Applicant: Gideon Johannes Jacobus Botha; Applicant: Dufney Botha; Applicant: Nelmarie Botha; Applicant: Schonland Colliery Group (Pty) Ltd; Applicant: Gideon Groenewald Botha; Respondent: Jaments Entrprise (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 June 2017
Case Number
75134/2016
Procedural Posture
Urgent Application / Application for Stay of Execution Pending Variation Proceedings
Outcome
Application dismissed with costs.
Judges
Van der Westhuizen
Legal Topics
Stay of Execution, Variation of Court Order, Rule 45a, Urgent Motion, Interim Relief
Civil Procedure Stay of Execution Variation of Court Order Rule 45a Urgent Motion Interim Relief

Case Brief

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Parties

Klein Duimpie CC

Applicant

Gideon Johannes Jacobus Botha

Applicant

Dufney Botha

Applicant

Nelmarie Botha

Applicant

Schonland Colliery Group (Pty) Ltd

Applicant

Gideon Groenewald Botha

Applicant

Jaments Entrprise (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Stay of Execution Pending Variation Proceedings

Legal Issues

  1. 1 Whether the applicants are entitled to a stay of execution of paragraph 1 of the court order dated 17 November 2016 pending intended variation proceedings.
  2. 2 Whether urgency in the application is self-created and sufficient to warrant attention of the urgent motion court.
  3. 3 Whether there is an ongoing dispute regarding the underlying causa justifying a stay of execution.

Ratio Decidendi

The court found that the urgency in the application was self-created by the applicants' delay in raising the issue and instituting proceedings. The underlying causa of the order was settled by agreement and made an order of court, ending the original dispute. The alleged error in calculation is a new, unilateral dispute and does not constitute an ongoing dispute of the underlying causa as contemplated by the relevant case law. No proceedings for variation are pending, and the applicants continued to make payments under the order. The applicants would have adequate redress through repayment if successful in future proceedings. No irreparable harm or injustice would result from refusing the...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are to pay the costs, the one paying the other to be absolved.