Roets N.O. and Another v SB Guarantee Company (RF) (PTY) Ltd and Others (36515/2021) [2022] ZAGPJHC 754 (6 October 2022)

Roets N.O. and Another v SB Guarantee Company (RF) (PTY) Ltd and Others (36515/2021) [2022] ZAGPJHC 754 (6 October 2022)

The court found that the urgency was self-created because the applicants failed to provide a full explanation for the delay in bringing the urgent application, despite knowing from 12 April 2022 that the sale in execution was scheduled for 22 June 2022. The applicants only acted on 7 June 2022, which was insufficiently explained. The court held that self-created urgency is a valid ground for striking a matter from the roll. Furthermore, the relief sought in part A (stay of execution) became moot as the sale proceeded, and the remaining relief in part B could be pursued in the ordinary course. The court concluded that granting leave to appeal would serve no practical purpose, as the...

Citation
[2022] ZAGPJHC 754
Parties
Applicant: Johannes Jacobus Roets N.O.; Applicant: Lungisani Siphiwe Buthelezi; Respondent: SB Guarantee Company (RF) (PTY) Ltd; Respondent: Standard Bank of South Africa Limited; Respondent: Sheriff of the High Court, Palm Ridge; Respondent: Martinus Jacobus Bekker N.O.; Respondent: Krishni Pillay N.O.
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 October 2022
Case Number
36515/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Order Striking Urgent Application From the Roll
Outcome
Application for leave to appeal dismissed with costs.
Judges
Strydom
Legal Topics
Urgency in Motion Proceedings, Self Created Urgency, Leave to Appeal, Stay of Execution, Rescission of Judgment
Civil Procedure Urgency in Motion Proceedings Self Created Urgency Leave to Appeal Stay of Execution Rescission of Judgment

Case Brief

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Parties

Johannes Jacobus Roets N.O.

Applicant

Lungisani Siphiwe Buthelezi

Applicant

SB Guarantee Company (RF) (PTY) Ltd

Respondent

Standard Bank of South Africa Limited

Respondent

Sheriff of the High Court, Palm Ridge

Respondent

Martinus Jacobus Bekker N.O.

Respondent

Krishni Pillay N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Order Striking Urgent Application From the Roll

Legal Issues

  1. 1 Whether the court erred in finding that the urgency was self-created and striking the application from the roll.
  2. 2 Whether the delay in instituting proceedings justified refusal of urgent relief.
  3. 3 Whether the order striking the matter from the roll is appealable and will have practical effect.

Ratio Decidendi

The court found that the urgency was self-created because the applicants failed to provide a full explanation for the delay in bringing the urgent application, despite knowing from 12 April 2022 that the sale in execution was scheduled for 22 June 2022. The applicants only acted on 7 June 2022, which was insufficiently explained. The court held that self-created urgency is a valid ground for striking a matter from the roll. Furthermore, the relief sought in part A (stay of execution) became moot as the sale proceeded, and the remaining relief in part B could be pursued in the ordinary course. The court concluded that granting leave to appeal would serve no practical purpose, as the...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.