Moretele Local Municipality v Nkadimeng Botlhale Training and Consultancy CC (507/07) [2008] ZANWHC 5 (10 March 2008)

Moretele Local Municipality v Nkadimeng Botlhale Training and Consultancy CC (507/07) [2008] ZANWHC 5 (10 March 2008)

The court found that the respondent's pleadings, including the simple summons, constituted irregular steps as the claim was based on breach of contract and not a liquidated demand. The respondent's repeated withdrawal and resuscitation of applications amounted to an abuse of process, causing unnecessary costs to the applicant. The objections to the authority of the applicant's attorney and deponent were raised out of time and were without merit, as the Mayor and Municipal Manager confirmed authorisation. The respondent's conduct throughout the proceedings was found to be dishonest and deserving of censure. Accordingly, the respondent's pleadings were set aside and costs awarded against it...

Citation
[2008] ZANWHC 5
Parties
Applicant: Moretele Local Municipality; Respondent: Nkadimeng Botlhale Training and Consultancy CC
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
10 March 2008
Case Number
507/07
Procedural Posture
Urgent Application / Application to Set Aside Pleadings as Irregular
Outcome
Application granted; respondent's pleadings set aside as irregular; costs awarded against respondent on attorney and client scale.
Judges
Gura
Legal Topics
Irregular Step, Authority of Attorney, Simple Summons Vs Combined Summons, Costs Award, Breach of Contract
Civil Procedure Commercial and Corporate Irregular Step Authority of Attorney Simple Summons Vs Combined Summons Costs Award Breach of Contract

Case Brief

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Parties

Moretele Local Municipality

Applicant

Nkadimeng Botlhale Training and Consultancy CC

Respondent

Procedural Posture

Urgent Application / Application to Set Aside Pleadings as Irregular

Legal Issues

  1. 1 Whether the respondent's pleadings, including the simple summons, constitute an irregular step and should be set aside.
  2. 2 Whether the applicant's attorney and deponent had proper authority and locus standi to act for the applicant.
  3. 3 Whether the application was properly authorised by the applicant municipality.

Ratio Decidendi

The court found that the respondent's pleadings, including the simple summons, constituted irregular steps as the claim was based on breach of contract and not a liquidated demand. The respondent's repeated withdrawal and resuscitation of applications amounted to an abuse of process, causing unnecessary costs to the applicant. The objections to the authority of the applicant's attorney and deponent were raised out of time and were without merit, as the Mayor and Municipal Manager confirmed authorisation. The respondent's conduct throughout the proceedings was found to be dishonest and deserving of censure. Accordingly, the respondent's pleadings were set aside and costs awarded against it...

Court Disposition

Application granted; respondent's pleadings set aside as irregular; costs awarded against respondent on attorney and client scale.

Orders

  • The respondent's entire pleadings, including the simple summons, are declared irregular and set aside.
  • The respondent shall pay the applicant's costs of the main action incurred so far on the scale as between attorney and client.