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

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

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.

Citation
[2014] ZAGPPHC 624
Parties
Plaintiff: Rathana Sarah Ntombizodwa; Respondent: Matame Agnes Patricia Moloto; Respondent: First National Bank Trust Services; Respondent: ABSA Trust Services; Respondent: Master of the High Court, Polokwane
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 August 2014
Case Number
16110/13
Procedural Posture
Civil Procedure / Referral to Trial From Opposed Motion Court
Outcome
The matter was referred to trial under rule 6(5)(g) of the Uniform Rules of Court.
Judges
Tuchten
Legal Topics
Referral to Trial, Rule 6 5 G, Motion Proceedings
Civil Procedure Referral to Trial Rule 6 5 G Motion Proceedings

Case Brief

Summary, issues, holding and outcome

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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

Procedural Posture

Civil Procedure / Referral to Trial From Opposed Motion Court

Legal Issues

  1. 1 Whether the matter could be properly decided on affidavit in motion proceedings.
  2. 2 Whether referral to trial was necessary under rule 6(5)(g).

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.

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.