Liciano Coal (Pty) Ltd v Assmang Ltd and Another (2406/2016) [2016] ZANCHC 36 (2 December 2016)

Liciano Coal (Pty) Ltd v Assmang Ltd and Another (2406/2016) [2016] ZANCHC 36 (2 December 2016)

The court found that Assmang was not entitled to refuse the applicant access to the property based on the late payment, as the relevant court order did not make access conditional on timeous payment to Ochre Shimmer. The alleged breaches raised by Assmang were not properly invoked under the Access agreement, which required written notice and an opportunity to remedy before any action could be taken. The court held that the applicant had no adequate alternative remedy, as damages would not provide similar protection to its rights to prospect on the property, especially given the limited time remaining under the agreement. The urgency of the matter was accepted due to the imminent expiry of...

Citation
[2016] ZANCHC 36
Parties
Applicant: Liciano Coal (Pty) Ltd; Respondent: Assmang Ltd; Respondent: Ochre Shimmer Trade and Invest 78 (Pty) Ltd
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
2 December 2016
Case Number
2406/2016
Procedural Posture
Urgent Application / Final Order After Urgent Application
Outcome
Application granted. Interdict and restoration of access ordered against first respondent. Costs awarded on party and party scale.
Judges
Williams
Legal Topics
Interdict, Access to Property, Breach of Contract, Prospecting Rights
Land and Property Civil Procedure Interdict Access to Property Breach of Contract Prospecting Rights

Case Brief

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Parties

Liciano Coal (Pty) Ltd

Applicant

Assmang Ltd

Respondent

Ochre Shimmer Trade and Invest 78 (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Final Order After Urgent Application

Legal Issues

  1. 1 Whether the applicant is entitled to restoration of access to the property known as Farm Doornfontein 446.
  2. 2 Whether the first respondent is entitled to refuse access based on alleged breaches and late payment.
  3. 3 Whether the applicant has an alternative remedy that precludes interdictory relief.

Ratio Decidendi

The court found that Assmang was not entitled to refuse the applicant access to the property based on the late payment, as the relevant court order did not make access conditional on timeous payment to Ochre Shimmer. The alleged breaches raised by Assmang were not properly invoked under the Access agreement, which required written notice and an opportunity to remedy before any action could be taken. The court held that the applicant had no adequate alternative remedy, as damages would not provide similar protection to its rights to prospect on the property, especially given the limited time remaining under the agreement. The urgency of the matter was accepted due to the imminent expiry of...

Court Disposition

Application granted. Interdict and restoration of access ordered against first respondent. Costs awarded on party and party scale.

Orders

  • First respondent is ordered to restore the applicant's access to the property known as Farm Doornfontein 446 forthwith.
  • First respondent is interdicted and restrained from refusing or in any way prohibiting the applicant access to the property known as Farm Doornfontein 446.