Mathibeli v Dippenaar & Crous Attorneys (A179/2023) [2024] ZAFSHC 304 (19 September 2024)

Mathibeli v Dippenaar & Crous Attorneys (A179/2023) [2024] ZAFSHC 304 (19 September 2024)

The appeal was dismissed on the basis that the respondent, as dominus litis, had withdrawn the action against the appellant by filing a Rule 27(2) notice and communicating its intention not to pursue the matter further. The withdrawal rendered the appeal moot, as there was no longer a live dispute between the parties. The appellant was informed of the withdrawal and no costs were tendered. The grounds of appeal raised by the appellant were found to be irrelevant to the matter before the court, and the appeal was accordingly dismissed with no order as to costs.

Citation
[2024] ZAFSHC 304
Parties
Appellant: Tsiu Adam Mathibeli; Respondent: Dippenaar & Crous Attorneys
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 September 2024
Case Number
A179/2023
Procedural Posture
Civil Appeal / Appeal From Magistrate Court Order Granting Rescission of Judgment; Appeal Heard and Decided
Outcome
Appeal dismissed as moot due to withdrawal of action; no order as to costs.
Judges
Chesiwe, Manye
Legal Topics
Rescission of Judgment, Withdrawal of Action, Costs Award, Rule 27 2, Appeal Mootness
Civil Procedure Rescission of Judgment Withdrawal of Action Costs Award Rule 27 2 Appeal Mootness

Case Brief

Summary, issues, holding and outcome

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Parties

Tsiu Adam Mathibeli

Appellant

Dippenaar & Crous Attorneys

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate Court Order Granting Rescission of Judgment; Appeal Heard and Decided

Legal Issues

  1. 1 Whether the appeal against the rescission judgment is competent given the withdrawal of the action by the respondent.
  2. 2 Whether the appellant's grounds of appeal regarding alleged withholding of documents and misdirection by the magistrate court have merit.
  3. 3 Whether the appeal is rendered moot due to the respondent's withdrawal of the action without tendering costs.

Ratio Decidendi

The appeal was dismissed on the basis that the respondent, as dominus litis, had withdrawn the action against the appellant by filing a Rule 27(2) notice and communicating its intention not to pursue the matter further. The withdrawal rendered the appeal moot, as there was no longer a live dispute between the parties. The appellant was informed of the withdrawal and no costs were tendered. The grounds of appeal raised by the appellant were found to be irrelevant to the matter before the court, and the appeal was accordingly dismissed with no order as to costs.

Court Disposition

Appeal dismissed as moot due to withdrawal of action; no order as to costs.

Orders

  • The Appeal is dismissed.
  • No order as to costs.