NT Makhubele Enterprises CC and Others v Business Partners Limited and Others (48567/2014; 29708/2018) [2022] ZAGPPHC 244 (17 March 2022)

NT Makhubele Enterprises CC and Others v Business Partners Limited and Others (48567/2014; 29708/2018) [2022] ZAGPPHC 244 (17 March 2022)

The applicants failed to provide a reasonable and complete explanation for the six-year delay in bringing the rescission application, with significant periods unaccounted for. Their repeated applications for rescission and leave to appeal were previously dismissed by competent courts, and the current application was based on the same grounds. The applicants did not demonstrate prospects of success, nor did they address the prejudice suffered by the respondent due to the delay. The court found that the applicants were abusing the process by engaging in vexatious litigation and harassing the respondent. The application for contempt of court was unsupported by affidavit evidence and failed...

Citation
[2022] ZAGPPHC 244
Parties
Applicant: NT Makhubele Enterprises CC; Applicant: Nathaniel Tsakane Makhubele; Applicant: Hitekani Fast Food CC; Respondent: Business Partners Limited; Respondent: Sheriff of the High Court - Soweto West; Respondent: Registrar of Deeds- Johannesburg; Respondent: Taxing Master- High Court
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 March 2022
Case Number
48567/2014; 29708/2018
Procedural Posture
Urgent Application / Application for Rescission, Condonation, Reconsideration, Contempt, and Interdict
Outcome
All applications by the applicants are denied with costs. The applicants are interdicted from filing further applications for leave to appeal or rescission under the specified case numbers without prior permission from a judge.
Judges
Munzhelele
Legal Topics
Rescission of Judgment, Condonation, Vexatious Litigation, Contempt of Court, Summary Judgment, Abuse of Process
Civil Procedure Commercial and Corporate Rescission of Judgment Condonation Vexatious Litigation Contempt of Court Summary Judgment Abuse of Process

Case Brief

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Parties

NT Makhubele Enterprises CC

Applicant

Nathaniel Tsakane Makhubele

Applicant

Hitekani Fast Food CC

Applicant

Business Partners Limited

Respondent

Sheriff of the High Court - Soweto West

Respondent

Registrar of Deeds- Johannesburg

Respondent

Taxing Master- High Court

Respondent

Procedural Posture

Urgent Application / Application for Rescission, Condonation, Reconsideration, Contempt, and Interdict

Legal Issues

  1. 1 Whether the applicants provided a reasonable and complete explanation for the delay in bringing the rescission application.
  2. 2 Whether the applicants met the requirements for condonation of late filing.
  3. 3 Whether the applicants are entitled to rescission of the summary judgment granted on 20 August 2015.

Ratio Decidendi

The applicants failed to provide a reasonable and complete explanation for the six-year delay in bringing the rescission application, with significant periods unaccounted for. Their repeated applications for rescission and leave to appeal were previously dismissed by competent courts, and the current application was based on the same grounds. The applicants did not demonstrate prospects of success, nor did they address the prejudice suffered by the respondent due to the delay. The court found that the applicants were abusing the process by engaging in vexatious litigation and harassing the respondent. The application for contempt of court was unsupported by affidavit evidence and failed...

Court Disposition

All applications by the applicants are denied with costs. The applicants are interdicted from filing further applications for leave to appeal or rescission under the specified case numbers without prior permission from a judge.

Orders

  • The application for condonation is denied.
  • The application for rescission of judgment is denied with costs.