Mashilo v Lemmer and Others (Variation) (33669/2021) [2024] ZAGPPHC 330 (12 April 2024)

Mashilo v Lemmer and Others (Variation) (33669/2021) [2024] ZAGPPHC 330 (12 April 2024)

The court found that the judgment delivered on 17 November 2023 contained patent errors, specifically the incorrect reference to the first respondent as the third respondent in paragraphs 3 and 7, and the inclusion of an order dismissing the application when it was withdrawn. These errors did not reflect the court's intention and did not alter the substance of the judgment. In terms of Rule 42(1)(b) of the Uniform Rules of Court, the court is empowered to correct such errors. The court accordingly varied its order by removing the first paragraph and correcting the references to the respondents, ensuring that the judgment and order accurately reflect the proceedings and the court's intention.

Citation
[2024] ZAGPPHC 330
Parties
Applicant: Fridah Mosima Mashilo; Respondent: Johann Richard Lemmer; Respondent: Anna Maria Elizabeth Lemmer; Respondent: Jan Hendrik Marx; Respondent: Stephan Fourie Attorneys; Respondent: Registrar of Deeds, South; Respondent: Thornbrook Golf Estate Property; Respondent: The City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 April 2024
Case Number
33669/2021
Procedural Posture
Variation Application / Variation of Judgment Under Rule 42(1)(b)
Outcome
Order varied to correct patent errors; operative order now stays the counter-application for eviction pending the outcome of the action in case number 87517-2023, with costs to be costs in the action.
Judges
WJ du Plessis
Legal Topics
Variation of Judgment, Uniform Rules of Court Rule 42, Patent Error Correction
Civil Procedure Variation of Judgment Uniform Rules of Court Rule 42 Patent Error Correction

Case Brief

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Parties

Fridah Mosima Mashilo

Applicant

Johann Richard Lemmer

Respondent

Anna Maria Elizabeth Lemmer

Respondent

Jan Hendrik Marx

Respondent

Stephan Fourie Attorneys

Respondent

Registrar of Deeds, South

Respondent

Thornbrook Golf Estate Property

Respondent

The City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Variation Application / Variation of Judgment Under Rule 42(1)(b)

Legal Issues

  1. 1 Whether the judgment delivered on 17 November 2023 contains patent errors or omissions requiring correction under Rule 42(1)(b).
  2. 2 Whether references to the first respondent as the third respondent in paragraphs 3 and 7 constitute errors affecting the judgment.
  3. 3 Whether the order should be varied to remove the paragraph dismissing the application, given that the application was withdrawn.

Ratio Decidendi

The court found that the judgment delivered on 17 November 2023 contained patent errors, specifically the incorrect reference to the first respondent as the third respondent in paragraphs 3 and 7, and the inclusion of an order dismissing the application when it was withdrawn. These errors did not reflect the court's intention and did not alter the substance of the judgment. In terms of Rule 42(1)(b) of the Uniform Rules of Court, the court is empowered to correct such errors. The court accordingly varied its order by removing the first paragraph and correcting the references to the respondents, ensuring that the judgment and order accurately reflect the proceedings and the court's intention.

Court Disposition

Order varied to correct patent errors; operative order now stays the counter-application for eviction pending the outcome of the action in case number 87517-2023, with costs to be costs in the action.

Orders

  • The counter-application for eviction is stayed, pending the outcome of the action in case number 87517-2023.
  • Costs in this application are to be costs in the action mentioned in 1.