Richard v Solly and Others (75966/2015) [2016] ZAGPPHC 684 (5 August 2016)

Richard v Solly and Others (75966/2015) [2016] ZAGPPHC 684 (5 August 2016)

The court found that the third respondent, as a juristic person, was entitled to be served with the application and given an opportunity to answer the case against it. The applicant failed to provide proof of service on the third respondent, and service on the first respondent as sole director did not suffice. The rules require that all interested parties be properly served, and the applicant's disregard for this requirement was evident from both the initial and subsequent applications. As a result, the point in limine regarding lack of service was upheld, and the application was dismissed with costs.

Citation
[2016] ZAGPPHC 684
Parties
Applicant: Maluleka Richard; Respondent: Mashaba Solly; Respondent: ABSA Bank; Respondent: Vulombe Trading and Projects (PTY) LTD
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 August 2016
Case Number
75966/2015
Procedural Posture
Civil Application / Application for Interdict and Joinder; Point in Limine Raised Regarding Service
Outcome
Application dismissed with costs due to failure to serve the third respondent.
Judges
N.P. Mali
Legal Topics
Joinder of Parties, Service of Process, Interdict, Costs Order
Civil Procedure Joinder of Parties Service of Process Interdict Costs Order

Case Brief

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Parties

Maluleka Richard

Applicant

Mashaba Solly

Respondent

ABSA Bank

Respondent

Vulombe Trading and Projects (PTY) LTD

Respondent

Procedural Posture

Civil Application / Application for Interdict and Joinder; Point in Limine Raised Regarding Service

Legal Issues

  1. 1 Whether the application was properly served on the third respondent.
  2. 2 Whether service on the first respondent suffices as service on the third respondent.
  3. 3 Whether the application should be dismissed for non-compliance with service requirements.

Ratio Decidendi

The court found that the third respondent, as a juristic person, was entitled to be served with the application and given an opportunity to answer the case against it. The applicant failed to provide proof of service on the third respondent, and service on the first respondent as sole director did not suffice. The rules require that all interested parties be properly served, and the applicant's disregard for this requirement was evident from both the initial and subsequent applications. As a result, the point in limine regarding lack of service was upheld, and the application was dismissed with costs.

Court Disposition

Application dismissed with costs due to failure to serve the third respondent.

Orders

  • The application is dismissed with costs.