Lulaway Holdings (Pty) Ltd v City Of Ekurhuleni Metropolitan Municipality (39617/2019) [2023] ZAGPJHC 1267 (6 September 2023)
The court found that, having considered the evidence presented by the plaintiff and the arguments of both counsel, there was indeed evidence upon which a reasonable court could find for the plaintiff. The test for absolution from the instance was not met, as the plaintiff had established a prima facie case....
Source-derived case information.
- Citation
- [2023] ZAGPJHC 1267
- Parties
- Plaintiff: Lulaway Holdings (Pty) Ltd; Defendant: City Of Ekurhuleni Metropolitan Municipality
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 39617/2019
- Procedural Posture
- Civil Trial / Application for Absolution From the Instance at the End of Plaintiff's Case
- Outcome
- Defendant's application for absolution from the instance dismissed; costs awarded against defendant.
- Judges
- Wanless
- Legal Topics
- Absolution From the Instance, Burden of Proof, Prima Facie Case
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lulaway Holdings (Pty) Ltd
Plaintiff
City Of Ekurhuleni Metropolitan Municipality
Defendant
Procedural Posture
Civil Trial / Application for Absolution From the Instance at the End of Plaintiff's Case
Legal Issues
- 1 Whether the plaintiff has presented sufficient evidence to avoid absolution from the instance at the close of its case.
- 2 Whether the defendant is entitled to absolution from the instance based on the evidence presented.
Ratio Decidendi
The court found that, having considered the evidence presented by the plaintiff and the arguments of both counsel, there was indeed evidence upon which a reasonable court could find for the plaintiff. The test for absolution from the instance was not met, as the plaintiff had established a prima facie case. Therefore, the defendant's application for absolution from the instance was dismissed, and the defendant was ordered to pay the costs of the application.
Court Disposition
Defendant's application for absolution from the instance dismissed; costs awarded against defendant.
Orders
- The defendant's application for absolution from the instance at the end of the plaintiff's case is dismissed.
- The defendant is to pay the costs of the application.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
CASE NO: 39617/2019
DATE: 06-09-2023
In the matter between
LULAWAY HOLDINGS (PTY) LTD Plaintiff And CITY OF EKURHULENI METROPOLITAN MUNICIPALITY Defendant
J U D G M E N T
WANLESS AJ
This morning, being Wednesday the 6th of September 2023, this Court was advised that the Defendant was making an application for absolution from the instance at the end of the Plaintiff’s case. Arising therefrom, this Court has heard full argument from both Counsel in this matter and has had the opportunity to consider same. It is not the intention of this Court, in any manner whatsoever, to attempt to give
a detailed judgment in respect of the ruling which this Court will now deliver, nor is it desirable, in the opinion of this Court, to attempt to do same. In that regard, this Court will again emphasise that it has had the opportunity not only to have the
benefit of Counsels’ argument, but also, in one instance, Heads of Argument (from the Plaintiff’s Counsel) and also the benefit of being referred, by both Counsel, to the various authorities and principles which are applicable to applications of this nature.
Of course, the test to be applied to an application of this nature, that being absolution from the instance at the end of the Plaintiff’s case, is fairly trite and, once again, will not be repeated simply for the purposes of burdening the record of these proceedings. Having considered all of the above and, in particular, having considered the evidence placed before this Court at this stage, this Court is satisfied that there is indeed evidence before this Court upon which this Court, applying its mind reasonably to such evidence, could or might (not should, or ought) find for the Plaintiff in this matter.
In the premises, this Court makes the following order:
1. The Defendant’s application for absolution from the instance at the end of the Plaintiff’s case is dismissed.
2. The Defendant is to pay the costs of the application as set out in paragraph 1 hereof.
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WANLESS AJ
ACTING JUDGE OF THE HIGH COURT
DATE: 6 November 2023 (revised)