Matlanato v Moshidi and Others (7595/2017) [2025] ZALMPPHC 73 (3 April 2025)

Matlanato v Moshidi and Others (7595/2017) [2025] ZALMPPHC 73 (3 April 2025)

The court found that the circumstances justified a postponement of the matter. The 1st and 2nd defendants were held responsible for the wasted costs occasioned by the postponement, including the costs of the plaintiff's expert witness, on a party and party scale, as their conduct necessitated the postponement.

Citation
[2025] ZALMPPHC 73
Parties
Plaintiff: Matlanato Lhlogonolo Hustings; Defendant: Moshidi Matsela Patricia; Defendant: Matlanato Patrick Lesiba; Defendant: Minister of Home Affairs; Defendant: MEC: Limpopo Department of Transport; Defendant: Government Employee Pension Fund (GEPF); Defendant: South African Social Security Agency (SASSA)
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
3 April 2025
Case Number
7595/2017
Procedural Posture
Civil Procedure / Postponement
Outcome
The matter is postponed sine die. The 1st and 2nd defendants are ordered to pay the wasted costs for the day, including the costs of the plaintiff's expert witness, on a party and party scale.
Judges
S Du Plessis
Legal Topics
Postponement, Costs Order
Civil Procedure Postponement Costs Order

Case Brief

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Parties

Matlanato Lhlogonolo Hustings

Plaintiff

Moshidi Matsela Patricia

Defendant

Matlanato Patrick Lesiba

Defendant

Minister of Home Affairs

Defendant

MEC: Limpopo Department of Transport

Defendant

Government Employee Pension Fund (GEPF)

Defendant

South African Social Security Agency (SASSA)

Defendant

Procedural Posture

Civil Procedure / Postponement

Legal Issues

  1. 1 Whether the matter should be postponed.
  2. 2 Who should bear the costs occasioned by the postponement.

Ratio Decidendi

The court found that the circumstances justified a postponement of the matter. The 1st and 2nd defendants were held responsible for the wasted costs occasioned by the postponement, including the costs of the plaintiff's expert witness, on a party and party scale, as their conduct necessitated the postponement.

Court Disposition

The matter is postponed sine die. The 1st and 2nd defendants are ordered to pay the wasted costs for the day, including the costs of the plaintiff's expert witness, on a party and party scale.

Orders

  • The matter is postponed sine die.
  • The 1st and 2nd defendants are to pay the wasted costs for the day occasioned by the postponement, including the cost of the plaintiff’s expert witness, on a party and party scale.