Michaels v Firstmile Prop JHB Crown Mines (Pty) Ltd and Another (2024/070685) [2024] ZAGPJHC 604 (28 June 2024)
The court found that, even if urgency exists, it is not sufficient to justify a Friday hearing without giving the respondents a fair opportunity to file an opposing affidavit. The applicant's founding affidavit was terse and did not establish sufficient urgency. The respondents are entitled to be heard and the...
Source-derived case information.
- Citation
- [2024] ZAGPJHC 604
- Parties
- Applicant: Annie Dorges Michaels; Respondent: Firstmile Prop JHB Crown Mines (Pty) Ltd; Respondent: Take Shape Property Management (Pty) Ltd
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 2024/070685
- Procedural Posture
- Urgent Application / Application for Urgent Spoliation Relief
- Outcome
- Application removed from the roll; costs awarded against the applicant.
- Judges
- GC Wright
- Legal Topics
- Spoliation, Urgent Interdict, Possession of Premises
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annie Dorges Michaels
Applicant
Firstmile Prop JHB Crown Mines (Pty) Ltd
Respondent
Take Shape Property Management (Pty) Ltd
Respondent
Procedural Posture
Urgent Application / Application for Urgent Spoliation Relief
Legal Issues
- 1 Whether the applicant is entitled to urgent spoliation relief for alleged deprivation of possession of the shop premises.
- 2 Whether the matter is sufficiently urgent to be heard on a Friday.
- 3 Whether the respondents have been afforded a fair opportunity to oppose the application.
Ratio Decidendi
The court found that, even if urgency exists, it is not sufficient to justify a Friday hearing without giving the respondents a fair opportunity to file an opposing affidavit. The applicant's founding affidavit was terse and did not establish sufficient urgency. The respondents are entitled to be heard and the matter should not proceed without their input. The application was therefore removed from the roll and costs awarded against the applicant.
Court Disposition
Application removed from the roll; costs awarded against the applicant.
Orders
- The matter is removed from the roll.
- The applicants are jointly and severally to pay the respondents’ costs.
Full Case Text
Judgment text and source record
38 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
Case NO: 2024-070685
1.REPORTABLE: No2.OF INTEREST TO OTHER JUDGES: No
3.REVISED
28 June 2024
In the matter between:
ANNIE DORGES MICHAELS
Applicant
and
FIRSTMILE PROP JHB CROWN MINES (PTY) LTD
1st Respondent
TAKE SHAPE PROPERTY MANAGEMENT (PTY) LTD 2nd Respondent
JUDGMENT
WRIGHT J
1. The applicants rent a shop from the respondents in downtown Johannesburg.
2. In a very terse founding affidavit they seek urgent spoliation relief. They say that the respondents, on Sunday 23 June 2024, switched off the electricity and locked the shop.
3. Urgency is alleged in that the applicants sell linen and if they can’t trade they may be liquidated and employees will become unemployed. The respondents oppose but have not had time to file an opposing affidavit. Counsel for the applicant insisted that the matter proceed today, Friday.
4. The urgency, if it exists at all and I make no finding thereon, is not urgent enough for a Friday hearing.
5. The respondents are entitled to an opportunity to file an opposing affidavit and have not yet been given a fair opportunity.
6. Adv Mutenga for the respondents seeks punitive costs. In my view, party and party costs on scale A suffice.
ORDER
1. The matter is removed from the roll.
2. The applicants are jointly and severally to pay the respondents’ costs.
GC Wright
Judge of the High Court
Gauteng Division, Johannesburg
HEARD : 28 June 2024
DELIVERED : 28 June 2024
APPEARANCES :
Applicants Att S.F Silamulela
084 525 3261
silamulela@silamlaw.co.za
Respondents Adv H Mutenga
Phambane Mokone Incorporated
010 446 0864
simon@phambaneattorneys.co.za
Karabo@phambaneaatorneys.co.za