Modumo and Another v Baipone (3619/2007) [2009] ZAGPPHC 392 (27 October 2009)

Modumo and Another v Baipone (3619/2007) [2009] ZAGPPHC 392 (27 October 2009)

The court found that both parties had contributed to the antagonism within the community and that granting an interdict against only one party would exacerbate tensions. The First Applicant admitted to threatening the Respondent but had since reported the matter to the police and volunteered the information, suggesting the threat was no longer imminent. The Respondent's conduct, as alleged by the Applicants, warranted restraint pending final determination. The court held that the interests of justice required an interim interdict against both parties, restraining the Respondent from making certain statements and inciting violence, and restraining the First Applicant from threatening the...

Citation
[2009] ZAGPPHC 392
Parties
Applicant: Shadrack Modumo; Applicant: Abraham Patela; Respondent: Oliver Baipone
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 October 2009
Case Number
3619/2007
Procedural Posture
Urgent Application / Interim Interdict; Referral to Oral Evidence
Outcome
Interim interdict granted against both parties; matter referred to oral evidence for final determination; costs reserved.
Judges
Kemp, AJ
Legal Topics
Interdictory Relief, Oral Evidence, Community Dispute, Threats and Defamation
Civil Procedure Interdictory Relief Oral Evidence Community Dispute Threats and Defamation

Case Brief

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Parties

Shadrack Modumo

Applicant

Abraham Patela

Applicant

Oliver Baipone

Respondent

Procedural Posture

Urgent Application / Interim Interdict; Referral to Oral Evidence

Legal Issues

  1. 1 Whether the Applicants are entitled to an interim interdict restraining the Respondent from making certain statements and inciting violence.
  2. 2 Whether the Respondent is entitled to interdictory relief against the First Applicant for threats made against him.
  3. 3 Whether the dispute between the parties warrants referral to oral evidence for final determination.

Ratio Decidendi

The court found that both parties had contributed to the antagonism within the community and that granting an interdict against only one party would exacerbate tensions. The First Applicant admitted to threatening the Respondent but had since reported the matter to the police and volunteered the information, suggesting the threat was no longer imminent. The Respondent's conduct, as alleged by the Applicants, warranted restraint pending final determination. The court held that the interests of justice required an interim interdict against both parties, restraining the Respondent from making certain statements and inciting violence, and restraining the First Applicant from threatening the...

Court Disposition

Interim interdict granted against both parties; matter referred to oral evidence for final determination; costs reserved.

Orders

  • Pending final outcome, the Respondent is interdicted and restrained from making specified statements and inciting violence against the Applicants.
  • The First Applicant is interdicted and restrained from threatening to kill or otherwise harm the Respondent.