Majories Trading Enterprises CC v Monareng (A34/2022) [2023] ZAGPPHC 1813 (16 October 2023)

Majories Trading Enterprises CC v Monareng (A34/2022) [2023] ZAGPPHC 1813 (16 October 2023)

The court exercised its discretion by considering the appellant's limited means, the respondent's risk of unrecoverable costs, and the constitutional imperative to ensure access to justice. The court found that the amount sought by the respondent was excessive and not binding, and that the interests of justice required a reasonable balance. The appellant's financial position was not sufficiently substantiated, but the court took judicial notice of his limited means as a taxi driver. Ultimately, the court ordered security in the amount of R10,000, finding this amount to be reasonable and justifiable under the circumstances, and ensuring that the appellant's right of access to court was not...

Citation
[2023] ZAGPPHC 1813
Parties
Respondent: Majories Trading Enterprises CC; Appellant: Kleinbooi Monareng
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 October 2023
Case Number
A34/2022
Procedural Posture
Civil Appeal / Application for Additional Security Pending Appeal
Outcome
Application for additional security succeeds. The appellant is ordered to provide security in the amount of R10,000 within six weeks from the date of the order. Costs of the application are reserved for final determination of the appeal.
Judges
N.N Bam, C Collis
Legal Topics
Security for Costs, Magistrates Court Rules, Judicial Discretion, Constitutional Right of Access, Costs Awards
Civil Procedure Security for Costs Magistrates Court Rules Judicial Discretion Constitutional Right of Access Costs Awards

Case Brief

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Parties

Majories Trading Enterprises CC

Respondent

Kleinbooi Monareng

Appellant

Procedural Posture

Civil Appeal / Application for Additional Security Pending Appeal

Legal Issues

  1. 1 Whether the appellant should be ordered to provide additional security for costs pending appeal.
  2. 2 What amount of security is reasonable and justifiable in the circumstances.
  3. 3 How the court should balance the interests of both parties in determining security for costs.

Ratio Decidendi

The court exercised its discretion by considering the appellant's limited means, the respondent's risk of unrecoverable costs, and the constitutional imperative to ensure access to justice. The court found that the amount sought by the respondent was excessive and not binding, and that the interests of justice required a reasonable balance. The appellant's financial position was not sufficiently substantiated, but the court took judicial notice of his limited means as a taxi driver. Ultimately, the court ordered security in the amount of R10,000, finding this amount to be reasonable and justifiable under the circumstances, and ensuring that the appellant's right of access to court was not...

Court Disposition

Application for additional security succeeds. The appellant is ordered to provide security in the amount of R10,000 within six weeks from the date of the order. Costs of the application are reserved for final determination of the appeal.

Orders

  • The appellant is ordered to provide security in the amount of R10,000 within six weeks from the date of this order.
  • Until such time as the security has been provided, the appellant may not set down his appeal.