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South Africa Judgment

North Gauteng High Court, Pretoria

Ntombizodwa v Moloto and Others (16110/13) [2014] ZAGPPHC 624 (18 August 2014)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court determined that the matter could not be properly decided on affidavit due to the existence of disputes of fact. Accordingly, the case was referred to trial in terms of rule 6(5)(g) of the Uniform Rules of Court.

Court disposition

The matter was referred to trial under rule 6(5)(g) of the Uniform Rules of Court.

Orders

  • The case is referred to trial.

02

Material facts

Parties

Rathana Sarah Ntombizodwa

Plaintiff

Matame Agnes Patricia Moloto

Respondent

First National Bank Trust Services

Respondent

ABSA Trust Services

Respondent

Master of the High Court, Polokwane

Respondent

03

Procedural history

  1. Posture

    Civil Procedure / Referral to Trial From Opposed Motion Court

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant sought relief in motion proceedings, presumably on affidavit, and opposed the respondents' stance that the matter required oral evidence.
Respondent
The respondents contended that the matter could not be properly decided on affidavit and that disputes of fact necessitated referral to trial.

05

Court’s reasoning

  1. 01

    Uniform Rule 6(5)(g)

    Where disputes of fact arise in motion proceedings that cannot be resolved on affidavit, the court may refer the matter to trial under rule 6(5)(g).

  2. 02

    Room Hire Co (Pty) Ltd v Jeppe Street Mansions (Pty) Ltd 1949 (3) SA 1155 (T)

    A case should not be decided on affidavit where material disputes of fact exist.

06

Ratio, limits and disposition

Ratio decidendi

The court determined that the matter could not be properly decided on affidavit due to the existence of disputes of fact. Accordingly, the case was referred to trial in terms of rule 6(5)(g) of the Uniform Rules of Court.

Obiter and limits

  • The request for reasons for the referral to trial was only brought to the judge's attention after the order was made.

Court disposition

The matter was referred to trial under rule 6(5)(g) of the Uniform Rules of Court.

  • The case is referred to trial.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Judgment

[2014] ZAGPPHC 624

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION,

PRETORIA

CASE NO: 16110/13

NOT REPORTABLE

DATE: 18 AUGUST 2014

NOT OF INTEREST TO

OTHER JUDGES

In the matter between:

RATHANA SARAH NTOMBIZODWA..............................................................................................Plaintiff

and

MATAME AGNES

PATRICIA MOLOTO..........................................................................First Respondent

FIRST NATIONAL

BANK TRUST SERVICES.............................................................Second Respondent

ABSA TRUST SERVICES....................................................................................................Third Respondent

MASTER OF THE HIGH COURT, POLOKWANE.......................................................Fourth Respondent

JUDGMENT

Tuchten J:

1. This matter came before me in the opposed motion court on 22 July 2014.1 referred the case to trial. I have now been asked to supply full reasons for my order. The request for reasons was dated 30 July 2014 but was only brought to my attention today.

2. The reason I referred the case to trial was that I took the view that the case could not properly be decided on affidavit. I therefore acted under rule 6(5)(g).

NB Tuchten

Judge of the High Court

15 August 2014

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Room Hire Co (Pty) Ltd v Jeppe Street Mansions (Pty) Ltd 1949 (3) SA 1155 (T)

Case cited

Uniform Rule 6(5)(g)

Legislation

Legislation referenced in the available case record.

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