Remhoogte Plant Hire and Others v Jacob Durr Trust and Others (1335/2020) [2020] ZAMPMHC 8 (20 May 2020)

Remhoogte Plant Hire and Others v Jacob Durr Trust and Others (1335/2020) [2020] ZAMPMHC 8 (20 May 2020)

The court found that the applicants failed to establish genuine urgency as required by Rule 6(12). The delay between the initial demand and the institution of proceedings was excessive and inadequately explained, with reliance on the COVID-19 lockdown deemed insufficient. The undertakings provided by respondents, including not to alienate the cattle and allowing inspection, were considered adequate to address applicants' concerns. The application was voluminous and complex, unsuitable for the urgent roll, and monetary relief alone did not justify urgency. The court held that applicants could obtain substantial redress in due course and that urgency was self-created. Accordingly, the...

Citation
[2020] ZAMPMHC 8
Parties
Applicant: Remhoogte Plant Hire; Applicant: Leon Renier van Tonder; Applicant: Leon Renier van Tonder NO; Applicant: Corne Marais van Tonder NO; Applicant: Wouter van der Merwe NO; Respondent: Jacob Durr Trust (IT 5808/1997); Respondent: Jacob Durr; Respondent: Jacob Durr NO; Respondent: KL Durr NO; Respondent: A Durr; Respondent: Calicom Trading 38 CC
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
20 May 2020
Case Number
1335/2020
Procedural Posture
Urgent Application / Application to Strike From Urgent Roll
Outcome
Application struck off the roll for lack of urgency; costs reserved.
Judges
Brauckmann
Legal Topics
Alienation of Land Act, Urgency in Motion Proceedings, Rei Vindicatio, Deposit Restitution, Practice Directives, Self Created Urgency
Civil Procedure Land and Property Alienation of Land Act Urgency in Motion Proceedings Rei Vindicatio Deposit Restitution Practice Directives Self Created Urgency

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Remhoogte Plant Hire

Applicant

Leon Renier van Tonder

Applicant

Leon Renier van Tonder NO

Applicant

Corne Marais van Tonder NO

Applicant

Wouter van der Merwe NO

Applicant

Jacob Durr Trust (IT 5808/1997)

Respondent

Jacob Durr

Respondent

Jacob Durr NO

Respondent

KL Durr NO

Respondent

A Durr

Respondent

Calicom Trading 38 CC

Respondent

Procedural Posture

Urgent Application / Application to Strike From Urgent Roll

Legal Issues

  1. 1 Whether the application qualifies for urgent relief under Rule 6(12) of the Uniform Rules of Court.
  2. 2 Whether the applicants are entitled to the immediate return of cattle and money paid in anticipation of a sale agreement.
  3. 3 Whether the applicants will suffer irreparable harm or lack substantial redress if the matter is not heard urgently.

Ratio Decidendi

The court found that the applicants failed to establish genuine urgency as required by Rule 6(12). The delay between the initial demand and the institution of proceedings was excessive and inadequately explained, with reliance on the COVID-19 lockdown deemed insufficient. The undertakings provided by respondents, including not to alienate the cattle and allowing inspection, were considered adequate to address applicants' concerns. The application was voluminous and complex, unsuitable for the urgent roll, and monetary relief alone did not justify urgency. The court held that applicants could obtain substantial redress in due course and that urgency was self-created. Accordingly, the...

Court Disposition

Application struck off the roll for lack of urgency; costs reserved.

Orders

  • The application is struck off the roll.
  • The costs are reserved to be determined when the application is heard on the merits.