Labe v Medscheme Holdings (Pty) Ltd and Others (25323/2012) [2015] ZAGPPHC 72 (25 February 2015)

Labe v Medscheme Holdings (Pty) Ltd and Others (25323/2012) [2015] ZAGPPHC 72 (25 February 2015)

The court found that the applicant had failed to comply with the Uniform Rules of Court by not properly filing a Rule 49(1) notice with the registrar, and had not provided a substantial application for postponement. The applicant's disregard for the rules and practice directives, especially as an officer of the court, was aggravated by the lack of heads of argument and the absence of valid reasons for postponement. As there was no Rule 49(1) notice before the court, the application for postponement and to set aside or suspend the writ of execution could not succeed. The application was dismissed with costs on an attorney and client scale.

Citation
[2015] ZAGPPHC 72
Parties
Applicant: Milile Maxosa Labe; Respondent: Medscheme Holdings (Pty) Ltd; Respondent: Bonitas Medical Fund; Respondent: Sheriff Nelspruit
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 February 2015
Case Number
25323/2012
Procedural Posture
Urgent Application / Application for Postponement and to Set Aside Writ of Execution
Outcome
Application for postponement and to set aside writ of execution dismissed with costs on an attorney and client scale.
Judges
C Pretorius
Legal Topics
Postponement, Writ of Execution, Rule 49 1 Notice, Attorney and Client Costs
Civil Procedure Postponement Writ of Execution Rule 49 1 Notice Attorney and Client Costs

Case Brief

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Parties

Milile Maxosa Labe

Applicant

Medscheme Holdings (Pty) Ltd

Respondent

Bonitas Medical Fund

Respondent

Sheriff Nelspruit

Respondent

Procedural Posture

Urgent Application / Application for Postponement and to Set Aside Writ of Execution

Legal Issues

  1. 1 Whether the applicant's failure to file a Rule 49(1) notice at court precludes the relief sought.
  2. 2 Whether the application for postponement is substantiated by valid reasons.
  3. 3 Whether the writ of execution should be set aside or suspended pending appeal.

Ratio Decidendi

The court found that the applicant had failed to comply with the Uniform Rules of Court by not properly filing a Rule 49(1) notice with the registrar, and had not provided a substantial application for postponement. The applicant's disregard for the rules and practice directives, especially as an officer of the court, was aggravated by the lack of heads of argument and the absence of valid reasons for postponement. As there was no Rule 49(1) notice before the court, the application for postponement and to set aside or suspend the writ of execution could not succeed. The application was dismissed with costs on an attorney and client scale.

Court Disposition

Application for postponement and to set aside writ of execution dismissed with costs on an attorney and client scale.

Orders

  • The application for postponement is dismissed.
  • The application set out in the notice of motion is dismissed.