Kungwini Estate (PTY) LTD v Kungwini Manor Homeowner's Association (24144/2010) [2017] ZAGPPHC 1297 (19 September 2017)

Kungwini Estate (PTY) LTD v Kungwini Manor Homeowner's Association (24144/2010) [2017] ZAGPPHC 1297 (19 September 2017)

The court found that the respondent complied with the thirty-day period for instituting action as required by the previous order, based on the evidence of timely filing. The court was unable to determine the substantive rights arising from the notarial deeds of servitude due to insufficient submissions and the matter being reserved for the trial court. Consequently, the court held that it was not competent to adjudicate the merits or make a final costs order at this stage. The costs of the previous interlocutory applications and the present application were reserved for determination by the trial court hearing the main action.

Citation
[2017] ZAGPPHC 1297
Parties
Applicant: Kungwini Estate (PTY) LTD; Respondent: Kungwini Manor Homeowner's Association
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 September 2017
Case Number
24144/2010
Procedural Posture
Costs Application / Determination of Reserved and Current Costs Following Interlocutory and Urgent Applications
Outcome
Costs reserved; no final costs order made. The merits remain pending before the trial court.
Judges
M M Mokadikoa-Chauke
Legal Topics
Costs Order, Interim Interdict, Compliance With Court Order, Notarial Servitude Rights
Civil Procedure Costs Order Interim Interdict Compliance With Court Order Notarial Servitude Rights

Case Brief

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Parties

Kungwini Estate (PTY) LTD

Applicant

Kungwini Manor Homeowner's Association

Respondent

Procedural Posture

Costs Application / Determination of Reserved and Current Costs Following Interlocutory and Urgent Applications

Legal Issues

  1. 1 Whether the respondent complied with the thirty-day period for instituting action as ordered by Polson AJ.
  2. 2 Whether the parties made sufficient submissions regarding the rights set out in the notarial deeds of servitude to enable the court to determine entitlement to costs.
  3. 3 Whether the costs of previous interlocutory applications should be determined or reserved.

Ratio Decidendi

The court found that the respondent complied with the thirty-day period for instituting action as required by the previous order, based on the evidence of timely filing. The court was unable to determine the substantive rights arising from the notarial deeds of servitude due to insufficient submissions and the matter being reserved for the trial court. Consequently, the court held that it was not competent to adjudicate the merits or make a final costs order at this stage. The costs of the previous interlocutory applications and the present application were reserved for determination by the trial court hearing the main action.

Court Disposition

Costs reserved; no final costs order made. The merits remain pending before the trial court.

Orders

  • The costs of 11 May 2010 made by Legodi J remain reserved until adjudicated by the trial court.
  • The costs occasioned by this application are also reserved until adjudicated by the trial court.