Smith NO and Another v Modise and Others (780/2020) [2020] ZAFSHC 238 (10 December 2020)

Smith NO and Another v Modise and Others (780/2020) [2020] ZAFSHC 238 (10 December 2020)

The court found that the matter had become moot due to the delivery of guarantees and the conclusion of a new contract between the parties. Both parties were responsible for the delays and the state of affairs, as they changed legal representatives, disregarded time frames, and continued discussions outside of formal litigation. The court held that neither party's conduct justified a costs order against the other, and that keeping the matter on the roll unnecessarily impacted case management and the court roll. Accordingly, the matter was struck off the roll and each party was ordered to bear their own costs.

Citation
[2020] ZAFSHC 238
Parties
Applicant: Elrich Ruwayne Smith N.O; Applicant: Donovan Theodore Majiedt N.O; Respondent: Eddie Modise; Respondent: Any Other Occupiers of Erf [...], Extension 111, Bloemfontein; Respondent: Mangaung Metropolitan Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 December 2020
Case Number
780/2020
Procedural Posture
Civil Application / Extended Return Date of Interim Eviction Order; Determination of Costs
Outcome
Matter struck off the roll as moot; each party to bear their own costs.
Judges
Raikane
Legal Topics
Eviction Proceedings, Costs Award, Mootness, Power of Attorney, Contract Cancellation
Land and Property Civil Procedure Eviction Proceedings Costs Award Mootness Power of Attorney Contract Cancellation

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Parties

Elrich Ruwayne Smith N.O

Applicant

Donovan Theodore Majiedt N.O

Applicant

Eddie Modise

Respondent

Any Other Occupiers of Erf [...], Extension 111, Bloemfontein

Respondent

Mangaung Metropolitan Municipality

Respondent

Procedural Posture

Civil Application / Extended Return Date of Interim Eviction Order; Determination of Costs

Legal Issues

  1. 1 Whether the matter has become moot and should be struck from the roll.
  2. 2 Which party should bear the costs of the application given the conduct of both parties.
  3. 3 Whether the continuation of the application after the conclusion of a new contract was justified.

Ratio Decidendi

The court found that the matter had become moot due to the delivery of guarantees and the conclusion of a new contract between the parties. Both parties were responsible for the delays and the state of affairs, as they changed legal representatives, disregarded time frames, and continued discussions outside of formal litigation. The court held that neither party's conduct justified a costs order against the other, and that keeping the matter on the roll unnecessarily impacted case management and the court roll. Accordingly, the matter was struck off the roll and each party was ordered to bear their own costs.

Court Disposition

Matter struck off the roll as moot; each party to bear their own costs.

Orders

  • The matter is struck off from the roll as it has become moot.
  • Each party to bear their own respective costs.