Oramok (Pty) Ltd v Mangaung Metropolitan Municipality (4968/2023) [2024] ZAFSHC 282 (12 September 2024)

Oramok (Pty) Ltd v Mangaung Metropolitan Municipality (4968/2023) [2024] ZAFSHC 282 (12 September 2024)

The court found that the weight of authority supports the position that a party faced with a notice of bar may file any relevant pleading in response, including a notice to except in terms of Rule 23(1), provided it is served within the time stipulated in the notice of bar. The filing of such a notice constitutes a valid procedural step and is not irregular. The applicant's application to set aside the notice to except was therefore dismissed.

Citation
[2024] ZAFSHC 282
Parties
Plaintiff: Oramok (Pty) Ltd; Defendant: Mangaung Metropolitan Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 September 2024
Case Number
4968/2023
Procedural Posture
Civil Application / Interlocutory Application Under Rule 30 a
Outcome
Application dismissed.
Judges
MB Nemavhidi
Legal Topics
Rule 30a Application, Notice of Bar, Exception Procedure, Uniform Rules of Court
Civil Procedure Rule 30a Application Notice of Bar Exception Procedure Uniform Rules of Court

Case Brief

Summary, issues, holding and outcome

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Parties

Oramok (Pty) Ltd

Plaintiff

Mangaung Metropolitan Municipality

Defendant

Procedural Posture

Civil Application / Interlocutory Application Under Rule 30 a

Legal Issues

  1. 1 Whether a notice to except in terms of Rule 23(1) is a valid response to a notice of bar.
  2. 2 Whether the defendant was precluded from serving a notice of exception after the plaintiff served a notice of bar.
  3. 3 Whether the notice to except constitutes an irregular step under Rule 30A.

Ratio Decidendi

The court found that the weight of authority supports the position that a party faced with a notice of bar may file any relevant pleading in response, including a notice to except in terms of Rule 23(1), provided it is served within the time stipulated in the notice of bar. The filing of such a notice constitutes a valid procedural step and is not irregular. The applicant's application to set aside the notice to except was therefore dismissed.

Court Disposition

Application dismissed.

Orders

  • The applicant’s application to set aside the notice to except in terms of Rule 23(1) of the Uniform Rules of the Court is dismissed.