Tswelokgotso Trading Enterprise v Airports Company of South Africa (SOC) Limited (A541/2017) [2021] ZAGPPHC 135 (4 March 2021)

Tswelokgotso Trading Enterprise v Airports Company of South Africa (SOC) Limited (A541/2017) [2021] ZAGPPHC 135 (4 March 2021)

The court found that all issues raised on appeal had become academic. The contract in question expired on 16 June 2016, and both parties had conducted themselves as if the contract was in force for its three-year duration. The appellant's amended cause of action, seeking a declaratory order that the contract had not yet commenced, was conceded to be without merit. The contempt application was also moot, as the interim interdict and related orders ceased to have effect upon the contract's expiry. No live controversy or legal issue of public importance remained, and the court exercised its discretion to dismiss the appeal under section 16(2)(a)(i) of the Superior Courts Act. Costs were...

Citation
[2021] ZAGPPHC 135
Parties
Appellant: Tswelokgotso Trading Enterprise; Respondent: Airports Company of South Africa (SOC) Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 March 2021
Case Number
A541/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Dismissal of Declaratory and Contempt Applications
Outcome
Appeal dismissed as academic; costs awarded to respondent including costs of two counsel.
Judges
A.C. Basson, P.M. Mabuse, E.M. Kubushi
Legal Topics
Declaratory Relief, Contract Commencement, Interim Interdict, Contempt of Court, Mootness, Costs Award
Civil Procedure Commercial and Corporate Declaratory Relief Contract Commencement Interim Interdict Contempt of Court Mootness Costs Award

Case Brief

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Parties

Tswelokgotso Trading Enterprise

Appellant

Airports Company of South Africa (SOC) Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Dismissal of Declaratory and Contempt Applications

Legal Issues

  1. 1 Whether the appeal raises any live controversy or practical effect between the parties.
  2. 2 Whether the declaratory relief sought regarding the contract's commencement and duration is sustainable.
  3. 3 Whether the contempt application against the respondent's board members remains relevant.

Ratio Decidendi

The court found that all issues raised on appeal had become academic. The contract in question expired on 16 June 2016, and both parties had conducted themselves as if the contract was in force for its three-year duration. The appellant's amended cause of action, seeking a declaratory order that the contract had not yet commenced, was conceded to be without merit. The contempt application was also moot, as the interim interdict and related orders ceased to have effect upon the contract's expiry. No live controversy or legal issue of public importance remained, and the court exercised its discretion to dismiss the appeal under section 16(2)(a)(i) of the Superior Courts Act. Costs were...

Court Disposition

Appeal dismissed as academic; costs awarded to respondent including costs of two counsel.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the costs, such costs to include the costs of two counsel.