Nkosi v Camel Logs and Projects (Pty) Ltd and Others (22849/2020) [2020] ZAGPJHC 363 (20 October 2020)

Nkosi v Camel Logs and Projects (Pty) Ltd and Others (22849/2020) [2020] ZAGPJHC 363 (20 October 2020)

The court found that the interim interdict granted was interlocutory in nature and not appealable, as it did not finally determine the rights of the parties nor dispose of substantial relief. The urgency was properly established, and the procedural directives were within the court's discretion. The applicant made out a proper case for interim relief in the founding affidavit, and the confirmatory affidavit was delivered before the answering affidavit, negating any hearsay concerns. The point in limine regarding locus standi was not properly raised, and all evidence was before the court. The respondent's new arguments about constitutional loopholes were not canvassed in the urgent hearing...

Citation
[2020] ZAGPJHC 363
Parties
Applicant: Thamsanqa Cyprian Nkosi; Respondent: Camel Logs Trading and Projects (Pty) Ltd; Respondent: First National Bank, a division of First Rand Limited; Respondent: TST Brokers (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
20 October 2020
Case Number
22849/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Interim Interdict Order
Outcome
Leave to appeal is refused.
Judges
MIA
Legal Topics
Interim Interdict, Leave to Appeal, Urgency, Arbitration Clause, Locus Standi
Civil Procedure Interim Interdict Leave to Appeal Urgency Arbitration Clause Locus Standi

Case Brief

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Parties

Thamsanqa Cyprian Nkosi

Applicant

Camel Logs Trading and Projects (Pty) Ltd

Respondent

First National Bank, a division of First Rand Limited

Respondent

TST Brokers (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Interim Interdict Order

Legal Issues

  1. 1 Whether the interim interdict granted by the court is appealable.
  2. 2 Whether the applicant established urgency in compliance with the Practice Directives.
  3. 3 Whether the applicant made out a proper case for interim relief in the founding affidavit.

Ratio Decidendi

The court found that the interim interdict granted was interlocutory in nature and not appealable, as it did not finally determine the rights of the parties nor dispose of substantial relief. The urgency was properly established, and the procedural directives were within the court's discretion. The applicant made out a proper case for interim relief in the founding affidavit, and the confirmatory affidavit was delivered before the answering affidavit, negating any hearsay concerns. The point in limine regarding locus standi was not properly raised, and all evidence was before the court. The respondent's new arguments about constitutional loopholes were not canvassed in the urgent hearing...

Court Disposition

Leave to appeal is refused.

Orders

  • The first respondent’s application for leave to appeal is dismissed with costs.