South Africa Judgment

North Gauteng High Court, Pretoria

Manamela v Hlongwane and Others (65033/2015) [2016] ZAGPPHC 1147 (26 October 2016)

Civil Procedure Land and Property Joinder of Parties Referral to Trial Summons Procedure Occupier Rights

Citation: [2016] ZAGPPHC 1147
Status: Judgment
Jurisdiction: South Africa
Court: North Gauteng High Court, Pretoria
Panel: Tuchten
Case number: 65033/2015

More details

Court: North Gauteng High Court, Pretoria
Panel: Tuchten
Case number: 65033/2015

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Professional case brief

Research organized from the available case record

Source document

Holding and result

The court determined that the application raised material disputes of fact unsuitable for resolution on affidavit. It exercised its discretion to refer the matter to trial, specifying the parties to be joined and setting out procedural directions for pleadings and further conduct. The notice of motion was converted to a simple summons, and timelines for delivery of declarations and pleas were established. The court reserved costs for determination by the trial court.

Court disposition

Application referred to trial; costs reserved.

Orders

The application is referred to trial.
The parties in the trial shall be Nare Mosima Manamela as plaintiff, Thelma Hlongwane as first defendant, and City of Tshwane Metropolitan Municipality as second defendant.
The court may direct that other interested persons be joined as parties in the trial.
The notice of motion will stand as simple summons; no notices of intention to defend are required.
The plaintiff must deliver a declaration within one month of the date of this order.
The defendants must deliver their respective pleas within fifteen days after service of the declaration.
The rules of court relating to defended actions will apply thereafter.
Costs incurred to date are reserved for consideration by the trial court.

Material facts

Parties

Nare Mosima Manamela

Applicant

Thelma Hlongwane

Respondent

All Occupiers of Erf 247 Block FF Soshanguve

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Procedural history

Posture

Civil Application / Referral to Trial; Interlocutory Order

Questions and positions

Legal issues

01
Whether the application should be referred to trial for determination of disputed facts.
02
Which parties should be joined in the trial proceedings.
03
What procedural directions should govern the conduct of the trial.

Party arguments

Applicant: The applicant sought relief regarding the occupation of Erf 247 Block FF Soshanguve and requested the matter be resolved through trial due to factual disputes.
Respondent: The respondents opposed the application and contended that the matter involved complex factual issues requiring oral evidence and proper pleadings.

Court’s reasoning

Legal principles

01
Uniform Rules of Court, Rule 6(5)(g)

Where material disputes of fact arise on affidavit, the court may refer the matter to trial for proper determination.
02
Uniform Rules of Court, Rule 10

The court has discretion to direct joinder of additional interested parties to ensure all affected persons are heard.

Ratio, limits and disposition

Ratio decidendi

The court determined that the application raised material disputes of fact unsuitable for resolution on affidavit. It exercised its discretion to refer the matter to trial, specifying the parties to be joined and setting out procedural directions for pleadings and further conduct. The notice of motion was converted to a simple summons, and timelines for delivery of declarations and pleas were established. The court reserved costs for determination by the trial court.

Obiter and limits

The court retains the power to direct that other interested persons be joined as parties in the trial if necessary.
The procedural directions issued are intended to facilitate efficient resolution of the dispute at trial.

Court disposition

Application referred to trial; costs reserved.

The application is referred to trial.
The parties in the trial shall be Nare Mosima Manamela as plaintiff, Thelma Hlongwane as first defendant, and City of Tshwane Metropolitan Municipality as second defendant.
The court may direct that other interested persons be joined as parties in the trial.
The notice of motion will stand as simple summons; no notices of intention to defend are required.
The plaintiff must deliver a declaration within one month of the date of this order.
The defendants must deliver their respective pleas within fifteen days after service of the declaration.
The rules of court relating to defended actions will apply thereafter.
Costs incurred to date are reserved for consideration by the trial court.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment text

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Source document

North Gauteng High Court, Pretoria

Judgment

[2016] ZAGPPHC 1147

THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

26/10/2016

CASE NO: 65033/2015

In the matter between:

NARE

MOSIMA MANAMELA Applicant

and

THELMA HLONGWANE First Respondent

ALL OCCUPIERS OF ERF 247 BLOCK FF Second Respondent

SOSHANGUVE

CITY OF TSHWANE METROPOLITAN MUNICIPALITY Third Respondent

JUDGMENT

1. This application is referred to trial. The parties in the trial shall be:

1.1 Nare Mosima Manamela: Plaintiff

1.2. Thelma Hlongwane: First Defendant

1.3 City ofTshwane Metropolitan Municipality: Second Defendant

2. This order shall not restrict the power of the court to direct that other interested persons be joined as parties in the trial.

3. The notice of motion will stand as simple summons. No notices of intention to defend will be required. The plaintiff must deliver a declaration within one month of the date of this order. The defendants must deliver their respective pleas to the plaintiff's

declaration within fifteen days after the service of the declaration upon them. Thereafter the rules of court relating to defended

actions, including but not limited to the rules as to discovery and production of documents and the holding of pre-trial conferences,

will apply.

4. The costs incurred to date will be reserved for consideration by the trial court.

NB Tuchten

Judge of the High Court

26 October 2016

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Uniform Rules of Court, Rule 6(5)(g)

Legislation

Legislation referenced in the available case record.

Uniform Rules of Court, Rule 10

Legislation

Legislation referenced in the available case record.

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