Muller and Others v Visagie and Others (UM286/2021) [2023] ZANWHC 218 (24 November 2023)

Muller and Others v Visagie and Others (UM286/2021) [2023] ZANWHC 218 (24 November 2023)

The court found the applicants established ownership of the game and assets on the farm and that the first respondent's version was riddled with contradictions, unsupported by documentary evidence such as invoices for services rendered. The first respondent's claim to offset fees by hunting Boss Safaris' animals was illogical, as the company did not own the animals at the relevant time. The respondent failed to provide a cogent defence to the allegations of unsanctioned hunts and threats to the first applicant. The relief sought in the first application was reasonable and justified by the evidence, while the second application regarding lion skins was moot due to statutory requirements...

Citation
[2023] ZANWHC 218
Parties
Applicant: Carol Stefne Muller; Applicant: Wayne Muller; Applicant: Brittany Joy Muller; Applicant: Boss Safaris and Outfitters (Pty) Ltd; Respondent: Johannes Cornelius Visagie; Respondent: Linda Visagie; Respondent: North West Parks Board; Respondent: The Professional Hunters Association of South Africa
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
24 November 2023
Case Number
UM286/2021
Procedural Posture
Urgent Application / Opposed Motion; Confirmation/discharge of Rule Nisi; Costs Determination
Outcome
Rule nisi confirmed in the first application; rule nisi discharged in the second application; costs awarded to applicants in the first application; no order as to costs in the second application.
Judges
Petersen
Legal Topics
Interdict, Urgent Application, Lease Dispute, Unsanctioned Hunting, Threats to Person, Ownership of Game
Civil Procedure Land and Property Interdict Urgent Application Lease Dispute Unsanctioned Hunting Threats to Person Ownership of Game

Case Brief

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Parties

Carol Stefne Muller

Applicant

Wayne Muller

Applicant

Brittany Joy Muller

Applicant

Boss Safaris and Outfitters (Pty) Ltd

Applicant

Johannes Cornelius Visagie

Respondent

Linda Visagie

Respondent

North West Parks Board

Respondent

The Professional Hunters Association of South Africa

Respondent

Procedural Posture

Urgent Application / Opposed Motion; Confirmation/discharge of Rule Nisi; Costs Determination

Legal Issues

  1. 1 Whether the first and second respondents conducted unsanctioned hunts of animals belonging to Boss Safaris.
  2. 2 Whether the first respondent threatened the life of the first applicant.
  3. 3 Whether the respondents were entitled to retain lion skins and associated paperwork.

Ratio Decidendi

The court found the applicants established ownership of the game and assets on the farm and that the first respondent's version was riddled with contradictions, unsupported by documentary evidence such as invoices for services rendered. The first respondent's claim to offset fees by hunting Boss Safaris' animals was illogical, as the company did not own the animals at the relevant time. The respondent failed to provide a cogent defence to the allegations of unsanctioned hunts and threats to the first applicant. The relief sought in the first application was reasonable and justified by the evidence, while the second application regarding lion skins was moot due to statutory requirements...

Court Disposition

Rule nisi confirmed in the first application; rule nisi discharged in the second application; costs awarded to applicants in the first application; no order as to costs in the second application.

Orders

  • The rule nisi issued on 23 November 2021 is confirmed.
  • The rule nisi issued on 01 December 2021 is discharged.