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South Africa Judgment

South Gauteng High Court, Johannesburg

Tankard v Old Mutual Wealth (2024/096858) [2024] ZAGPJHC 911 (10 September 2024)

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Source document

01

Holding and result

The court found that the applicant failed to establish urgency. Her allegations regarding her financial position and the risk of homelessness were vague and unsupported by evidence. No details were provided to substantiate her inability to obtain alternative accommodation or why the matter required urgent attention. As urgency was not proved, the court declined to consider the merits of the application or the respondent's other defences, including the citation of the wrong respondent. The application was struck off the roll and costs were reserved.

Court disposition

Application struck off the roll for lack of urgency; costs reserved.

Orders

  • The application is struck off the roll.
  • Costs are reserved.

02

Material facts

Parties

Rosann Maureen Tankard

Applicant Counsel: Mr A.S Marais

Old Mutual Wealth

Respondent Counsel: Adv LM Spiller

03

Procedural history

  1. Posture

    Urgent Application / Application to Compel Disclosure and Payment; Struck Off for Lack of Urgency

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contends that she urgently requires disclosure of all policies held by her late husband from the respondent and payment of the proceeds, claiming that without the funds she will be homeless. She asserts her recent appointment as executrix of the deceased estate but provides no detailed evidence of her financial position or inability to secure alternative accommodation.
Respondent
The respondent raises several defences, including that the wrong respondent has been cited. However, the respondent's primary argument is that the application lacks urgency, as the applicant has failed to provide sufficient detail to justify urgent relief.

05

Court’s reasoning

  1. 01

    Rule 6(12) Uniform Rules of Court

    Urgency must be established with clear facts demonstrating why the matter cannot wait for the ordinary court process.

  2. 02

    Luna Meubel Vervaardigers (Edms) Bpk v Makin and Another (1977 (4) SA 135 (W))

    An applicant seeking urgent relief must set out facts supporting the urgency and inability to obtain substantial redress at a later stage.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the applicant failed to establish urgency. Her allegations regarding her financial position and the risk of homelessness were vague and unsupported by evidence. No details were provided to substantiate her inability to obtain alternative accommodation or why the matter required urgent attention. As urgency was not proved, the court declined to consider the merits of the application or the respondent's other defences, including the citation of the wrong respondent. The application was struck off the roll and costs were reserved.

Obiter and limits

  • Applicants must provide specific and detailed evidence when seeking urgent relief; vague assertions are insufficient.
  • The court did not address the respondent's defence regarding citation, as the lack of urgency was dispositive.

Court disposition

Application struck off the roll for lack of urgency; costs reserved.

  • The application is struck off the roll.
  • Costs are reserved.

Source and reliance status

South Gauteng High Court, Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

South Gauteng High Court, Johannesburg

Judgment

[2024] ZAGPJHC 911

IN THE HIGH COURT OF

SOUTH AFRICA

GAUTENG DIVISION,

JOHANNESBURG

CASE NO: 2024/096858

1. Reportable

2. Of interest to other judges:

3. Revised:

10 September 2024

In the matter between:

ROSANN

MAUREEN TANKARD Applicant and

OLD

MUTUAL WEALTH Respondent

JUDGMENT

WRIGHT J

1. The alleged applicant lost her husband ten years ago, allegedly.

2. She was allegedly appointed executrix in his deceased estate about three months ago.

3. The applicant seeks urgently orders that the respondent disclose to her details of all policies held by her husband and she seeks payment of the proceeds.

4. She says, vaguely, that she needs the money otherwise she will be homeless.

5. No detail of her financial position is set out or her alleged inability to get other accommodation.

6. The answering affidavit raises a number of defences, including a defence that the wrong respondent has been cited, which I need not deal with as urgency is not proved.

ORDER

Struck off, costs reserved. -

GC Wright

Judge of the High Court

Gauteng Division, Johannesburg

HEARD

DELIVERED :10 September 2024 :10 September 2024 APPEARANCES: Applicant Att. Mr A.S Marais laurencemelatoinc@gmail.com 016 421 1215/6 Instructed by Lawrence Melato Inc Attorneys Lawrencemelatoinc@gmail.com 016 421 1329 Respondent Adv LM Spiller spiller@counsel.co.za 079 873 7397 Instructed by Walker Inc amienh@walkers.law 012 464 1400

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Luna Meubel Vervaardigers (Edms) Bpk v Makin and Another 1977 (4) SA 135 (W)

Case cited

Rule 6(12) Uniform Rules of Court

Legislation

Legislation referenced in the available case record.

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