Molatoli v Silverstone Home Owners Association and Others (65974/2019) [2019] ZAGPPHC 936 (20 September 2019)

Molatoli v Silverstone Home Owners Association and Others (65974/2019) [2019] ZAGPPHC 936 (20 September 2019)

The court found that the applicant failed to demonstrate sufficient urgency to justify deviation from normal procedures. The applicant did not provide compelling reasons why substantial redress could not be obtained in the ordinary course, and alternative remedies were available under the Community Schemes Ombud Service Act. The matter was therefore not properly before the court as an urgent application and was struck from the roll. Costs were awarded against the applicant due to the lack of urgency.

Citation
[2019] ZAGPPHC 936
Parties
Applicant: Chabeli Johannes Molatoli; Respondent: Silverstone Homeowners Association; Respondent: Estate Manager: Charlene Crous; Respondent: Directors of Silverstone Homeowners Association
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 September 2019
Case Number
65974/2019
Procedural Posture
Urgent Application / Struck From Roll for Lack of Urgency
Outcome
Application struck from the roll for lack of urgency; costs awarded against the applicant.
Judges
Sardiwalla
Legal Topics
Urgency, Rule 6 12, Spoliation, Community Schemes Ombud Service, Costs Order
Civil Procedure Urgency Rule 6 12 Spoliation Community Schemes Ombud Service Costs Order

Case Brief

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Parties

Chabeli Johannes Molatoli

Applicant

Silverstone Homeowners Association

Respondent

Estate Manager: Charlene Crous

Respondent

Directors of Silverstone Homeowners Association

Respondent

Procedural Posture

Urgent Application / Struck From Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the application was sufficiently urgent to warrant deviation from normal court procedures.
  2. 2 Whether the applicant had alternative remedies available under the Community Schemes Ombud Service Act.
  3. 3 Whether the applicant made out a case for spoliation and restoration of possession.

Ratio Decidendi

The court found that the applicant failed to demonstrate sufficient urgency to justify deviation from normal procedures. The applicant did not provide compelling reasons why substantial redress could not be obtained in the ordinary course, and alternative remedies were available under the Community Schemes Ombud Service Act. The matter was therefore not properly before the court as an urgent application and was struck from the roll. Costs were awarded against the applicant due to the lack of urgency.

Court Disposition

Application struck from the roll for lack of urgency; costs awarded against the applicant.

Orders

  • The application is struck off the roll due to lack of urgency.
  • The applicant is ordered to pay the wasted costs.