Motsepe and Others v Local Municipality of Madibeng (A444/2016) [2018] ZAGPPHC 761 (9 February 2018)

Motsepe and Others v Local Municipality of Madibeng (A444/2016) [2018] ZAGPPHC 761 (9 February 2018)

The court held that the cost order granted by the trial court in the rescission application was interlocutory and not final in nature. The costs were awarded in the cause, meaning they are only payable if the appellants ultimately succeed in the main application and prove their legal entitlement to occupy the stands. The trial court did not err in declining to award costs on an attorney and client scale, as there was no evidence of bad faith or conduct justifying a punitive costs order. The appeal against the costs order was dismissed, as the order is not appealable at this stage and must await the outcome of the main application.

Citation
[2018] ZAGPPHC 761
Parties
Appellant: Phineus Matholo Motsepe; Appellant: Reuben Nelson; Appellant: Damons Beorams; Appellant: All Unknown Unlawful Occupiers of Portions 6, 11, 16, 23, 24, 60, 64, 97 & 119 of the Farm Elandsfontein 440 JQ & Farm Elandsfontein 570 JQ; Respondent: Local Municipality of Madibeng
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 February 2018
Case Number
A444/2016
Procedural Posture
Civil Appeal / Appeal Against Costs Order Following Rescission Application
Outcome
Appeal dismissed with costs.
Judges
E.M Kubushi, T. Maumela
Legal Topics
Costs Awards, Interlocutory Orders, Rescission of Judgment, Attorney and Client Costs
Civil Procedure Constitutional Law Costs Awards Interlocutory Orders Rescission of Judgment Attorney and Client Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Phineus Matholo Motsepe

Appellant

Reuben Nelson

Appellant

Damons Beorams

Appellant

All Unknown Unlawful Occupiers of Portions 6, 11, 16, 23, 24, 60, 64, 97 & 119 of the Farm Elandsfontein 440 JQ & Farm Elandsfontein 570 JQ

Appellant

Local Municipality of Madibeng

Respondent

Procedural Posture

Civil Appeal / Appeal Against Costs Order Following Rescission Application

Legal Issues

  1. 1 Whether the trial court erred in awarding costs in the cause rather than on an attorney and client scale.
  2. 2 Whether the cost order granted in the rescission application is final and thus appealable.
  3. 3 Whether the appellants are entitled to costs given their success in the rescission application.

Ratio Decidendi

The court held that the cost order granted by the trial court in the rescission application was interlocutory and not final in nature. The costs were awarded in the cause, meaning they are only payable if the appellants ultimately succeed in the main application and prove their legal entitlement to occupy the stands. The trial court did not err in declining to award costs on an attorney and client scale, as there was no evidence of bad faith or conduct justifying a punitive costs order. The appeal against the costs order was dismissed, as the order is not appealable at this stage and must await the outcome of the main application.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.