Schoemanpark Golf en Ontspanningsklub v Khethelo (2907/2006) [2006] ZAFSHC 163 (2 November 2006)

Schoemanpark Golf en Ontspanningsklub v Khethelo (2907/2006) [2006] ZAFSHC 163 (2 November 2006)

The court found that the central dispute concerns whether the respondent, as a professional golfer and PGA Senior Tour member, is exempt from the applicant's rules requiring permission and payment of fees to play golf. The respondent's defence raises a genuine dispute of fact that cannot be resolved on the papers. The court declined to adopt a robust approach and instead referred the specific issue to oral evidence. Pending resolution, the court granted interim relief prohibiting the respondent from playing golf on the applicant's course without prior permission and payment of prescribed fees, to prevent further confrontations and protect the applicant's interests.

Citation
[2006] ZAFSHC 163
Parties
Applicant: Schoemanpark Golf en Ontspanningsklub; Respondent: Jabulane Khethelo
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
2 November 2006
Case Number
2907/2006
Procedural Posture
Urgent Application / Application for Final Interdict; Interim Relief Granted; Referral to Oral Evidence
Outcome
The application for a final interdict is not granted at this stage; the specific issue of exemption is referred to oral evidence. Interim relief is granted prohibiting the respondent from playing golf on the applicant's course without permission and payment of fees.
Judges
H.M. Musi
Legal Topics
Final Interdict, Dispute of Fact, Motion Proceedings, Interim Relief
Civil Procedure Final Interdict Dispute of Fact Motion Proceedings Interim Relief

Case Brief

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Parties

Schoemanpark Golf en Ontspanningsklub

Applicant

Jabulane Khethelo

Respondent

Procedural Posture

Urgent Application / Application for Final Interdict; Interim Relief Granted; Referral to Oral Evidence

Legal Issues

  1. 1 Whether the respondent is entitled, by virtue of being a professional golfer and/or member of the South African PGA Senior Tour, to play golf on the applicant's course without permission and without paying fees.
  2. 2 Whether the requirements for a final interdict have been met.
  3. 3 Whether the dispute of fact can be resolved on the papers or requires oral evidence.

Ratio Decidendi

The court found that the central dispute concerns whether the respondent, as a professional golfer and PGA Senior Tour member, is exempt from the applicant's rules requiring permission and payment of fees to play golf. The respondent's defence raises a genuine dispute of fact that cannot be resolved on the papers. The court declined to adopt a robust approach and instead referred the specific issue to oral evidence. Pending resolution, the court granted interim relief prohibiting the respondent from playing golf on the applicant's course without prior permission and payment of prescribed fees, to prevent further confrontations and protect the applicant's interests.

Court Disposition

The application for a final interdict is not granted at this stage; the specific issue of exemption is referred to oral evidence. Interim relief is granted prohibiting the respondent from playing golf on the applicant's course without permission and payment of fees.

Orders

  • The specific issue of whether the respondent is entitled, by virtue of being a professional golfer and/or member of the South African PGA Senior Tour, to play golf on the applicant's course without permission and payment of fees is referred to oral evidence.
  • Pending determination of the above issue, the respondent is prohibited from playing golf on the applicant's course and grounds unless he has obtained prior permission and paid the prescribed or agreed fees.