Twala v ABSA Bank Limited (17/2588) [2022] ZAGPJHC 185 (30 March 2022)

Twala v ABSA Bank Limited (17/2588) [2022] ZAGPJHC 185 (30 March 2022)

Both parties contributed to the unnecessary prolongation of the litigation. The respondent failed to withdraw its action promptly after the applicant settled her arrears and her account was reinstated in 2017, allowing the matter to remain on the roll and causing costs to accrue. The applicant, despite being informed that the matter would not proceed, continued to press for further litigation, incurring additional costs. The court found that neither party acted reasonably and that apportioning costs to either would be unjust. Accordingly, each party was ordered to pay its own costs.

Citation
[2022] ZAGPJHC 185
Parties
Applicant: Grace Duduzile Twala; Respondent: ABSA Bank Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 March 2022
Case Number
17/2588
Procedural Posture
Costs Application / Judgment on Costs Following Withdrawal of Action
Outcome
The applicant's application for costs is dismissed. Each party is ordered to pay its own costs.
Judges
Machaba
Legal Topics
Withdrawal of Action, Costs Award, Uniform Rules of Court Rule 41, Abuse of Process
Civil Procedure Withdrawal of Action Costs Award Uniform Rules of Court Rule 41 Abuse of Process

Case Brief

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Parties

Grace Duduzile Twala

Applicant

ABSA Bank Limited

Respondent

Procedural Posture

Costs Application / Judgment on Costs Following Withdrawal of Action

Legal Issues

  1. 1 Was the respondent wrong in not tendering costs when it withdrew its action against the applicant?
  2. 2 Was the applicant unreasonable in pressing for the action to proceed after being informed the matter was moot?
  3. 3 Should either party be awarded costs in light of their conduct?

Ratio Decidendi

Both parties contributed to the unnecessary prolongation of the litigation. The respondent failed to withdraw its action promptly after the applicant settled her arrears and her account was reinstated in 2017, allowing the matter to remain on the roll and causing costs to accrue. The applicant, despite being informed that the matter would not proceed, continued to press for further litigation, incurring additional costs. The court found that neither party acted reasonably and that apportioning costs to either would be unjust. Accordingly, each party was ordered to pay its own costs.

Court Disposition

The applicant's application for costs is dismissed. Each party is ordered to pay its own costs.

Orders

  • The application by the applicant is dismissed.
  • Each party is ordered to pay its own costs.