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

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

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.

Citation
[2016] ZAGPPHC 1147
Parties
Applicant: Nare Mosima Manamela; Respondent: Thelma Hlongwane; Respondent: All Occupiers of Erf 247 Block FF Soshanguve; Respondent: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 October 2016
Case Number
65033/2015
Procedural Posture
Civil Application / Referral to Trial; Interlocutory Order
Outcome
Application referred to trial; costs reserved.
Judges
Tuchten
Legal Topics
Joinder of Parties, Referral to Trial, Summons Procedure, Occupier Rights
Civil Procedure Land and Property Joinder of Parties Referral to Trial Summons Procedure Occupier Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Nare Mosima Manamela

Applicant

Thelma Hlongwane

Respondent

All Occupiers of Erf 247 Block FF Soshanguve

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Civil Application / Referral to Trial; Interlocutory Order

Legal Issues

  1. 1 Whether the application should be referred to trial for determination of disputed facts.
  2. 2 Which parties should be joined in the trial proceedings.
  3. 3 What procedural directions should govern the conduct of the trial.

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.

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.