Nedbank Limited v Superious Trading 10 CC and Others (50451/2016, 50454/2016,50453/2016) [2017] ZAGPPHC 1205 (1 December 2017)

Nedbank Limited v Superious Trading 10 CC and Others (50451/2016, 50454/2016,50453/2016) [2017] ZAGPPHC 1205 (1 December 2017)

The Gauteng Division no longer has concurrent jurisdiction with the Limpopo Division following the publication of the relevant Government Gazette notice. The agreements underlying the actions were concluded at the Polokwane Branch, and both the Respondents and witnesses are located in Limpopo. The Applicant has demonstrated that it would be more convenient and appropriate for the actions to be heard in the Limpopo Provincial Division. The Court is empowered under Section 27 of the Superior Courts Act and Section 3(1)(a) of the Interim Rationalization of Jurisdiction of High Courts Act to order the transfer of proceedings to another division. The inconvenience and costs cited by the...

Citation
[2017] ZAGPPHC 1205
Parties
Applicant: Nedbank Limited; Respondent: Superious Trading 10 CC; Respondent: Marina Holzhauzen; Respondent: Phillipes Rudolf Holzhauzen; Respondent: Quando Simoni Jose; Respondent: Rudner Properties (Pty) Ltd; Respondent: Phalaborwa Brake and Clutch CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 December 2017
Case Number
50451/2016, 50454/2016,50453/2016
Procedural Posture
Stay Application / Application for Transfer of Proceedings Between Divisions
Outcome
The application for transfer is granted. The actions are to be removed from the Gauteng Division, Pretoria and transferred to the Limpopo Provincial Division of the High Court.
Judges
H Constantinides
Legal Topics
Transfer of Proceedings, Jurisdiction of High Courts, Convenience of Forum
Civil Procedure Transfer of Proceedings Jurisdiction of High Courts Convenience of Forum

Case Brief

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Parties

Nedbank Limited

Applicant

Superious Trading 10 CC

Respondent

Marina Holzhauzen

Respondent

Phillipes Rudolf Holzhauzen

Respondent

Quando Simoni Jose

Respondent

Rudner Properties (Pty) Ltd

Respondent

Phalaborwa Brake and Clutch CC

Respondent

Procedural Posture

Stay Application / Application for Transfer of Proceedings Between Divisions

Legal Issues

  1. 1 Whether the Gauteng Division has jurisdiction to adjudicate the actions instituted by the Applicant.
  2. 2 Whether the actions should be transferred to the Limpopo Provincial Division of the High Court for convenience and proper jurisdiction.
  3. 3 Whether the Applicant is entitled to an order facilitating the transmission of court files to the Limpopo Provincial Division.

Ratio Decidendi

The Gauteng Division no longer has concurrent jurisdiction with the Limpopo Division following the publication of the relevant Government Gazette notice. The agreements underlying the actions were concluded at the Polokwane Branch, and both the Respondents and witnesses are located in Limpopo. The Applicant has demonstrated that it would be more convenient and appropriate for the actions to be heard in the Limpopo Provincial Division. The Court is empowered under Section 27 of the Superior Courts Act and Section 3(1)(a) of the Interim Rationalization of Jurisdiction of High Courts Act to order the transfer of proceedings to another division. The inconvenience and costs cited by the...

Court Disposition

The application for transfer is granted. The actions are to be removed from the Gauteng Division, Pretoria and transferred to the Limpopo Provincial Division of the High Court.

Orders

  • The pending trial actions instituted out of the Gauteng Division, Pretoria under Case Numbers 50451/2016, 50453/16 and 50454/16 are to be removed from the Gauteng Division, Pretoria and transferred to the Limpopo Provincial Division of the High Court.
  • The Applicant is directed to facilitate the transmission of all court files and/or documents from the Registrar of the Gauteng Division, Pretoria to the Registrar of the Limpopo Provincial Division.