Kruger and Another v Maluleke (2726/2024) [2025] ZALMPTHC 11 (5 June 2025)

Kruger and Another v Maluleke (2726/2024) [2025] ZALMPTHC 11 (5 June 2025)

The court held that the Respondent's unilateral removal of the main urgent application from the roll, without consent or explanation and without a tender for costs, was improper and constituted an abuse of process. The discretion to remove or postpone a matter lies with the court, not a party acting alone, especially in opposed urgent matters. The Respondent's conduct was vexatious and warranted a punitive costs order on an attorney and client scale. The objections raised by the Respondent regarding procedural defects and statutory contraventions were dismissed as lacking merit. The court declined to make an order regarding the costs of the main application, as its merits were not argued...

Citation
[2025] ZALMPTHC 11
Parties
Applicant: Marietjie Kruger; Applicant: Coetzee & Kruger Inc.; Respondent: Nsovo Ester Maluleke; Applicant: Nsovo Ester Maluleke; Respondent: Marietjie Kruger; Respondent: Coetzee & Kruger Inc.; Respondent: Hasani Charles Chabalala; Respondent: Emeldah Nomhle Ndlovu; Respondent: Taxing Master, Thohoyandou High Court
Court
Limpopo High Court, Thohoyandou
Jurisdiction
South Africa
Judgment Date
5 June 2025
Case Number
2726/2024
Procedural Posture
Urgent Application / Application for Wasted Costs Following Unilateral Removal of Main Urgent Application From the Roll
Outcome
Application granted. Punitive costs order awarded against the Respondent for the unilateral removal of the main application and for the present application.
Judges
SS Green
Legal Topics
Unilateral Removal of Application, Costs Order, Attorney and Client Scale, Urgent Application Procedure
Civil Procedure Unilateral Removal of Application Costs Order Attorney and Client Scale Urgent Application Procedure

Case Brief

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Parties

Marietjie Kruger

Applicant

Coetzee & Kruger Inc.

Applicant

Nsovo Ester Maluleke

Respondent

Nsovo Ester Maluleke

Applicant

Marietjie Kruger

Respondent

Coetzee & Kruger Inc.

Respondent

Hasani Charles Chabalala

Respondent

Emeldah Nomhle Ndlovu

Respondent

Taxing Master, Thohoyandou High Court

Respondent

Procedural Posture

Urgent Application / Application for Wasted Costs Following Unilateral Removal of Main Urgent Application From the Roll

Legal Issues

  1. 1 Whether the court can adjudicate costs in relation to the unilaterally removed application.
  2. 2 Whether the Respondent should pay the costs associated with the removal of the main application, and on what scale.
  3. 3 Whether the Respondent should pay the costs of this application, and on what scale.

Ratio Decidendi

The court held that the Respondent's unilateral removal of the main urgent application from the roll, without consent or explanation and without a tender for costs, was improper and constituted an abuse of process. The discretion to remove or postpone a matter lies with the court, not a party acting alone, especially in opposed urgent matters. The Respondent's conduct was vexatious and warranted a punitive costs order on an attorney and client scale. The objections raised by the Respondent regarding procedural defects and statutory contraventions were dismissed as lacking merit. The court declined to make an order regarding the costs of the main application, as its merits were not argued...

Court Disposition

Application granted. Punitive costs order awarded against the Respondent for the unilateral removal of the main application and for the present application.

Orders

  • The Respondent (Nsovo Ester Maluleke) is to pay the Applicants wasted costs on a scale as between attorney and client occasioned by the removal of the main application, which was set down for hearing on 19 November 2024, including travelling costs.
  • The Respondent (Nsovo Ester Maluleke) is to pay the Applicants costs of this application, which was heard on 21 November 2024, on an attorney and client scale, including travelling costs.