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South Africa Judgment

North Gauteng High Court, Pretoria

Roan Coal (Pty) Limited v Nonyane NO and Others (55323/17) [2018] ZAGPPHC 275 (31 January 2018)

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Professional case brief

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Source document

01

Holding and result

The application was dismissed with costs following argument in the urgent motion court. The judge delivered an extempore judgment at the time, and those reasons are on record. There is no need to supplement or repeat those reasons in writing, as they are available for transcription. The request for further reasons does not warrant additional commentary.

Court disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.

02

Material facts

Parties

Roan Coal (Pty) Limited

Applicant

TH Nonyane NO and Others

Respondent

03

Procedural history

  1. Posture

    Urgent Application / Reasons for Order Following Urgent Motion Court

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant sought urgent relief in the motion court and subsequently requested written reasons for the dismissal of its application.
Respondent
The respondents opposed the application and were awarded costs upon dismissal. No further arguments are recorded in this reasons judgment.

05

Court’s reasoning

  1. 01

    Practice of the High Court

    Where an extempore judgment is delivered, the reasons are on record and may be transcribed; the judge is not obliged to provide further written reasons unless necessary.

06

Ratio, limits and disposition

Ratio decidendi

The application was dismissed with costs following argument in the urgent motion court. The judge delivered an extempore judgment at the time, and those reasons are on record. There is no need to supplement or repeat those reasons in writing, as they are available for transcription. The request for further reasons does not warrant additional commentary.

Obiter and limits

  • The judge notes that the reasons for the order are already on record and can be transcribed if required.
  • No further reasons are necessary beyond those delivered extempore at the conclusion of argument.

Court disposition

Application dismissed with costs.

  • The application is dismissed with costs.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment text

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Source document

North Gauteng High Court, Pretoria

Judgment

[2018] ZAGPPHC 275

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

CASE NO: 55323/17

DATE: 31/01/2018

In the matter between:

ROAN COAL (PTY)

LIMITED

Applicantand

TH NONYANE NO and

OTHERS

Respondents

JUDGMENT

Tuchten J:

1 I today received a written request dated 24 August 2017 to provide reasons for an order I made in the urgent motion court on 23 August 2017. I think I received the same request same time ago and conveyed a written response through my Registrar. I shall repeat that response.

2 I dismissed the application with costs. I gave an extempore judgment at the conclusion of argument. My reasons are therefore on record and can, I assume, be transcribed. I have nothing to add.

______

NB Tuchten

Judge of the High Court

31 January 2018

Roan55325.17

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