Monkam v Monkam Holdings (Pty) Ltd and Others (39736/09) [2010] ZAGPPHC 120 (22 September 2010)

Monkam v Monkam Holdings (Pty) Ltd and Others (39736/09) [2010] ZAGPPHC 120 (22 September 2010)

The court held that it was not competent to entertain the application while a review of the arbitration award was pending, as granting relief could result in conflicting orders and undermine the arbitration process. The applicant's attempt to approach the court despite the pending review constituted an abuse of process. Furthermore, the existence of substantial factual disputes rendered the matter unsuitable for determination by way of application. The fact that the first respondent was not a party to the arbitration did not justify the court's intervention, as the dispute had already been decided in substance. The application was therefore dismissed.

Citation
[2010] ZAGPPHC 120
Parties
Applicant: Pascal Monkam (Senior); Respondent: Monkam Holdings (Pty) Ltd; Respondent: Pascal Monkam (Junior); Respondent: Fusie Trust; Respondent: Pascal Monkam (Junior) N.O.; Respondent: Dieudonne Tejeu Kadji N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 September 2010
Case Number
39736/09
Procedural Posture
Review Application / Application for Declaratory and Ancillary Relief Following Arbitration and Pending Review
Outcome
Application dismissed with costs, including costs of joinder and senior counsel.
Judges
Tolmay
Legal Topics
Arbitration Award Review, Abuse of Process, Joinder of Parties, Ownership of Shares
Civil Procedure Commercial and Corporate Arbitration Award Review Abuse of Process Joinder of Parties Ownership of Shares

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Pascal Monkam (Senior)

Applicant

Monkam Holdings (Pty) Ltd

Respondent

Pascal Monkam (Junior)

Respondent

Fusie Trust

Respondent

Pascal Monkam (Junior) N.O.

Respondent

Dieudonne Tejeu Kadji N.O.

Respondent

Procedural Posture

Review Application / Application for Declaratory and Ancillary Relief Following Arbitration and Pending Review

Legal Issues

  1. 1 Whether the High Court is competent to entertain the application while a review of the arbitration award is pending.
  2. 2 Whether the relief sought in this application duplicates the relief already granted in arbitration.
  3. 3 Whether the existence of factual disputes precludes determination by way of application.

Ratio Decidendi

The court held that it was not competent to entertain the application while a review of the arbitration award was pending, as granting relief could result in conflicting orders and undermine the arbitration process. The applicant's attempt to approach the court despite the pending review constituted an abuse of process. Furthermore, the existence of substantial factual disputes rendered the matter unsuitable for determination by way of application. The fact that the first respondent was not a party to the arbitration did not justify the court's intervention, as the dispute had already been decided in substance. The application was therefore dismissed.

Court Disposition

Application dismissed with costs, including costs of joinder and senior counsel.

Orders

  • The application is dismissed.
  • The applicant is to pay the costs, including the costs of the joinder application and the costs of senior counsel.