Ndevu v Ambitious Group (Pty) Ltd t/a Ambitiouz Entertainment and Another (58765/2019) [2020] ZAGPPHC 462 (31 August 2020)

Ndevu v Ambitious Group (Pty) Ltd t/a Ambitiouz Entertainment and Another (58765/2019) [2020] ZAGPPHC 462 (31 August 2020)

The court found that it was not possible to resolve the issues between the parties without access to the relevant agreements and financial reports. Both parties have an obligation to supply the necessary documentation to enable a proper determination of their rights and obligations. The respondents' refusal to...

Source-derived case information.

Citation
[2020] ZAGPPHC 462
Parties
Applicant: Mtembeni Ndevu; Respondent: Ambitious Group (Pty) Ltd t/a Ambitiouz Entertainment; Respondent: Solomon Kgosithebe Mahumapelo
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 August 2020
Case Number
58765/2019
Procedural Posture
Review Application / Application for Declaratory Relief and Access to Information
Outcome
Application postponed sine die; respondents directed to supply requested information; parties granted leave to supplement papers; costs reserved.
Judges
Van der Westhuizen
Legal Topics
Declaratory Relief, Contract Termination, Promotion of Access to Information Act, Artist Agreements
Civil Procedure Commercial and Corporate Declaratory Relief Contract Termination Promotion of Access to Information Act Artist Agreements

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Parties

Mtembeni Ndevu

Applicant

Ambitious Group (Pty) Ltd t/a Ambitiouz Entertainment

Respondent

Solomon Kgosithebe Mahumapelo

Respondent

Procedural Posture

Review Application / Application for Declaratory Relief and Access to Information

Legal Issues

  1. 1 Whether the three agreements between the applicant and respondents have terminated and are no longer binding.
  2. 2 Whether the respondents are obliged to provide copies of the artist, management, and publishing agreements and related financial reports to the applicant.
  3. 3 Whether the application for declaratory relief is properly brought under the Promotion of Access to Information Act or common law.

Ratio Decidendi

The court found that it was not possible to resolve the issues between the parties without access to the relevant agreements and financial reports. Both parties have an obligation to supply the necessary documentation to enable a proper determination of their rights and obligations. The respondents' refusal to provide the agreements was inappropriate, particularly given the involvement of legal practitioners. In the interests of justice, the court postponed the application sine die and directed the respondents to supply the requested information within ten days. Both parties were granted leave to supplement their papers, and costs were reserved.

Court Disposition

Application postponed sine die; respondents directed to supply requested information; parties granted leave to supplement papers; costs reserved.

Orders

  • The application is postponed sine die.
  • The respondents are directed to supply the requested information contained in the notice of motion dated 19 June 2019 within ten days from the date of this order.