Niekerk and Others v Pretorius (1233/14) [2017] ZANCHC 13 (15 February 2017)

Niekerk and Others v Pretorius (1233/14) [2017] ZANCHC 13 (15 February 2017)

The court found that, despite the applicants' delay and lack of detailed explanation for the late filing, special circumstances relating to the ambiguity of the costs order justified granting an extension of time for the application for leave to appeal. The costs order in the original judgment was ambiguous regarding whether liability was personal or official, particularly for the first, second, and third applicants. The court held that it is just and equitable to allow the appeal to proceed so that the full bench can clarify the nature of the costs liability. The request for a declaratory order regarding section 18(1) of the Superior Courts Act was deemed unnecessary and undesirable....

Citation
[2017] ZANCHC 13
Parties
Applicant: Keith van Niekerk; Applicant: Frank Louw; Applicant: JS Reid; Applicant: GS Rooi; Applicant: FW Nowalaza; Applicant: Die Uitvoerende Raad van Christen Gemeentes Internasionaal; Respondent: Pieter Pretorius
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
1233/14
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Costs Order
Outcome
Leave to appeal granted; extension of time for filing application granted; costs of application to be costs in the appeal.
Judges
Olivier, Lever
Legal Topics
Leave to Appeal, Costs Order, Extension of Time, Personal Vs Official Liability
Civil Procedure Leave to Appeal Costs Order Extension of Time Personal Vs Official Liability

Case Brief

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Parties

Keith van Niekerk

Applicant

Frank Louw

Applicant

JS Reid

Applicant

GS Rooi

Applicant

FW Nowalaza

Applicant

Die Uitvoerende Raad van Christen Gemeentes Internasionaal

Applicant

Pieter Pretorius

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Costs Order

Legal Issues

  1. 1 Whether the period for filing the application for leave to appeal should be extended.
  2. 2 Whether the costs order made in the judgment of 26 June 2015 is ambiguous and susceptible to appeal.

Ratio Decidendi

The court found that, despite the applicants' delay and lack of detailed explanation for the late filing, special circumstances relating to the ambiguity of the costs order justified granting an extension of time for the application for leave to appeal. The costs order in the original judgment was ambiguous regarding whether liability was personal or official, particularly for the first, second, and third applicants. The court held that it is just and equitable to allow the appeal to proceed so that the full bench can clarify the nature of the costs liability. The request for a declaratory order regarding section 18(1) of the Superior Courts Act was deemed unnecessary and undesirable....

Court Disposition

Leave to appeal granted; extension of time for filing application granted; costs of application to be costs in the appeal.

Orders

  • The extension of the time period required by Rule 49(1)(b) is granted.
  • The applicants are granted leave to appeal the costs order made in the judgment handed down on 26 June 2015.