Ntombizodwa v Moloto and Others (16110/13) [2014] ZAGPPHC 624 (18 August 2014)
- Citation
- [2014] ZAGPPHC 624
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- Tuchten
- Case number
- 16110/13
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- Tuchten
- Case number
- 16110/13
On this page
Professional case brief
Research organized from the available case record
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
PlaintiffMatame Agnes Patricia Moloto
RespondentFirst National Bank Trust Services
RespondentABSA Trust Services
RespondentMaster of the High Court, Polokwane
Respondent03
Procedural history
Posture
Civil Procedure / Referral to Trial From Opposed Motion Court
04
Questions and positions
Legal issues
- 01
Whether the matter could be properly decided on affidavit in motion proceedings.
- 02
Whether referral to trial was necessary under rule 6(5)(g).
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
Legal principles
- 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).
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
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
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