Mofokeng v Mxunya (2021-0081) [2024] ZAGPJHC 260 (12 March 2024)
- Citation
- [2024] ZAGPJHC 260
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- South Gauteng High Court, Johannesburg
- Panel
- Wright
- Case number
- 2021-0081
More details
- Court
- South Gauteng High Court, Johannesburg
- Panel
- Wright
- Case number
- 2021-0081
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court determined that the matter was not ready for trial due to incomplete discovery by the defendant. Both parties must fully discover their documents before the trial can proceed. The trial may require several weeks, and the parties should approach the Deputy Judge President for scheduling once discovery is complete. The question of costs is reserved, as further discovery may be necessary from both sides.
Court disposition
The matter is postponed sine die with costs reserved.
Orders
- The matter is postponed sine die.
- Costs are reserved.
02
Material facts
Parties
Angelina Tshepiso Mofokeng
Plaintiff Counsel: Adv WF WannenburgSimon Plaatjie Mxunya
Defendant03
Procedural history
Posture
Civil Procedure / Pre Trial Postponement
04
Questions and positions
Legal issues
- 01
Whether the business partnership between the parties should be dissolved.
- 02
Whether the matter is ready to proceed to trial.
- 03
Whether costs should be reserved pending further discovery.
Party arguments
- Applicant
- The plaintiff asserts that the business partnership between the parties must be dissolved and that she is ready to proceed with the trial.
- Respondent
- The defendant, appearing in person, presented several files of documents that had not been discovered, indicating that the matter is not ready for trial.
05
Court’s reasoning
Legal principles
- 01
Uniform Rules of Court, Rule 35
A matter should not proceed to trial until both parties have completed discovery of all relevant documents.
- 02
General principles of civil procedure
The question of costs may be reserved where further discovery is anticipated and the matter is postponed.
06
Ratio, limits and disposition
Ratio decidendi
The court determined that the matter was not ready for trial due to incomplete discovery by the defendant. Both parties must fully discover their documents before the trial can proceed. The trial may require several weeks, and the parties should approach the Deputy Judge President for scheduling once discovery is complete. The question of costs is reserved, as further discovery may be necessary from both sides.
Obiter and limits
- The trial may need to run for a number of weeks, depending on the extent of the issues and evidence to be presented.
- Both parties should approach the Deputy Judge President for trial allocation after discovery is complete.
Court disposition
The matter is postponed sine die with costs reserved.
- The matter is postponed sine die.
- Costs are reserved.
Source and reliance status
South Gauteng High Court, Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
South Gauteng High Court, Johannesburg
Judgment
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH
AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NUMBER: 2021-0081
1.Reportable: No
2.Of interest to other judges: No
3.Revised
12 March 2024
In the matter between:
ANGELINA TSHEPISO
MOFOKENG
Plaintiff
and
SIMON PLAATJIE
MXUNYA
Defendant
JUDGMENT
WRIGHT J
[1] The parties are agreed that they have a business partnership which must be dissolved. The plaintiff says that she is ready to proceed
[2] The defendant, appearing in person, yesterday produced a number of files of documents not discovered.
[3] The matter is not ready for trial.
[4] The trial, when it proceeds, may need to run for a number of weeks. The parties should approach the Deputy Judge President, once both sides have discovered fully.
[5] I should reserve the question of costs as it may turn out that both sides may need to discover further documents.
ORDER
1. Postponed sine die, costs reserved.
JUDGE OF THE HIGH COURT
Heard on:
11 - 12 March 2024
Delivered on: 12 March 2024
Appearances:
For the Plaintiff: Adv WF Wannenburg
083 823 2679
wwannaenburg@mweb.co.za
Instructed by: Esthe Muller Inc Attroneys
esthe@esthemuller.co.za
016 423 2920
For the Defendant: In person
Simon Plaatjie Mxunya
078 116 9826
mndade@yahoo.co.za
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