Masindi and Another v Jacobus Hugo Le Grange t/a Prudent Accountants and Financial Services and Others (81101/2017) [2019] ZAGPPHC 520 (4 October 2019)

Masindi and Another v Jacobus Hugo Le Grange t/a Prudent Accountants and Financial Services and Others (81101/2017) [2019] ZAGPPHC 520 (4 October 2019)

The court found that the applicants failed to provide a reasonable and acceptable explanation for their default, as they were present in court and did not unequivocally indicate an intention to oppose the urgent application. Their subsequent inaction until the taxation of costs indicated acquiescence in the order. The applicants did not establish good cause or a bona fide defence with prospects of success. The punitive costs order was justified due to the abuse of process in launching the rescission application. The merits of the underlying dispute were moot, as the planned march could no longer occur. The threshold for granting leave to appeal under the Superior Courts Act was not met,...

Citation
[2019] ZAGPPHC 520
Parties
Applicant: Tshamunwe Herry Masindi; Applicant: Mankhwe Group (Pty) Ltd; Respondent: Jacobus Hugo Le Grange t/a Prudent Accountants and Financial Services; Respondent: National Commissioner, South African Police Service; Respondent: Station Commander, South African Police Service Polokwane; Respondent: Polokwane Local Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 October 2019
Case Number
81101/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Dismissing Rescission Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
H Constantinides
Legal Topics
Rescission of Judgment, Condonation, Wilful Default, Regulation of Gatherings Act, Punitive Costs, Acquiescence
Civil Procedure Administrative Law Rescission of Judgment Condonation Wilful Default Regulation of Gatherings Act Punitive Costs Acquiescence

Case Brief

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Parties

Tshamunwe Herry Masindi

Applicant

Mankhwe Group (Pty) Ltd

Applicant

Jacobus Hugo Le Grange t/a Prudent Accountants and Financial Services

Respondent

National Commissioner, South African Police Service

Respondent

Station Commander, South African Police Service Polokwane

Respondent

Polokwane Local Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Dismissing Rescission Application

Legal Issues

  1. 1 Whether the court erred in dismissing the rescission application on grounds of lateness despite condonation having been granted.
  2. 2 Whether the applicants established good cause for rescission of the default judgment.
  3. 3 Whether the applicants were in wilful default or acquiesced in the judgment.

Ratio Decidendi

The court found that the applicants failed to provide a reasonable and acceptable explanation for their default, as they were present in court and did not unequivocally indicate an intention to oppose the urgent application. Their subsequent inaction until the taxation of costs indicated acquiescence in the order. The applicants did not establish good cause or a bona fide defence with prospects of success. The punitive costs order was justified due to the abuse of process in launching the rescission application. The merits of the underlying dispute were moot, as the planned march could no longer occur. The threshold for granting leave to appeal under the Superior Courts Act was not met,...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The First and Second Applicants' application for leave to appeal is dismissed.
  • The First and Second Applicants are to pay the costs of this application.