Matjhabeng Local Municipality v Lequbu Specialised Services (Pty) Ltd (3328/2021) [2024] ZAFSHC 201 (4 July 2024)

Matjhabeng Local Municipality v Lequbu Specialised Services (Pty) Ltd (3328/2021) [2024] ZAFSHC 201 (4 July 2024)

The court found that Lequbu's founding affidavit set out the facts and referenced the settlement agreement, which was validly concluded between the parties. The Municipality's allegations did not establish any factual basis for fraud or misrepresentation. The settlement agreement directly related to the litigation and was not legally objectionable. There was no material dispute of fact that required referral to oral evidence or trial. The considerations under Section 17(1) of the Superior Courts Act were applied, and the court was not convinced that another court would reach a different conclusion. Accordingly, leave to appeal was refused.

Citation
[2024] ZAFSHC 201
Parties
Applicant: Matjhabeng Local Municipality; Respondent: Lequbu Specialised Services (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 July 2024
Case Number
3328/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Order Making Settlement Agreement an Order of Court
Outcome
Leave to appeal is dismissed with costs.
Judges
Hefer AJ
Legal Topics
Settlement Agreement, Leave to Appeal, Rule 41 Uniform Rules, Dispute of Fact, Quantification of Claim
Civil Procedure Commercial and Corporate Settlement Agreement Leave to Appeal Rule 41 Uniform Rules Dispute of Fact Quantification of Claim

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Parties

Matjhabeng Local Municipality

Applicant

Lequbu Specialised Services (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Order Making Settlement Agreement an Order of Court

Legal Issues

  1. 1 Whether the court erred in making the settlement agreement an order of court under Rule 41(4).
  2. 2 Whether annexures not incorporated into the founding affidavit could be considered by the court.
  3. 3 Whether a material bona fide dispute of fact existed that precluded granting the order on motion papers.

Ratio Decidendi

The court found that Lequbu's founding affidavit set out the facts and referenced the settlement agreement, which was validly concluded between the parties. The Municipality's allegations did not establish any factual basis for fraud or misrepresentation. The settlement agreement directly related to the litigation and was not legally objectionable. There was no material dispute of fact that required referral to oral evidence or trial. The considerations under Section 17(1) of the Superior Courts Act were applied, and the court was not convinced that another court would reach a different conclusion. Accordingly, leave to appeal was refused.

Court Disposition

Leave to appeal is dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.