Community Development Board v Mahomed and Others (351/1985) [1986] ZASCA 138 (28 November 1986)

Community Development Board v Mahomed and Others (351/1985) [1986] ZASCA 138 (28 November 1986)

The court held that, although the appellant's success was limited in monetary terms, it was nonetheless the successful party on appeal. The respondents failed to make a suitable tender regarding the issue on which the appellant succeeded. The respondents' submissions did not reveal any relevant factor overlooked by the court in making its provisional order, nor did they raise any consideration sufficient to warrant a review of the provisional order. Accordingly, the provisional order awarding half the costs to the respondents was made final, and the respondents were ordered to pay the appellant's costs in connection with the written arguments filed regarding the variation of the costs order.

Citation
[1986] ZASCA 138
Parties
Appellant: Community Development Board; Respondent: Rabia Essa; Respondent: Valli Mahomed N O; Respondent: Mahomed Sayed Mahomed N O; Respondent: Shabir Ahmed Mahomed N O; Respondent: Shiraz Essa Valli Mahomed N O
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 November 1986
Case Number
351/1985
Procedural Posture
Civil Appeal / Post Judgment Costs Determination
Outcome
Provisional order of costs made final; respondents to pay appellant's costs for written arguments on costs variation.
Judges
Trengove, Hoexter, Botha, Grosskopf, Smalberger
Legal Topics
Costs on Appeal, Apportionment of Costs
Civil Procedure Costs on Appeal Apportionment of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Community Development Board

Appellant

Rabia Essa

Respondent

Valli Mahomed N O

Respondent

Mahomed Sayed Mahomed N O

Respondent

Shabir Ahmed Mahomed N O

Respondent

Shiraz Essa Valli Mahomed N O

Respondent

Procedural Posture

Civil Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the provisional order awarding half the costs to the respondents should be varied.
  2. 2 Whether the respondents are entitled to all or 90% of their costs of appeal based on the limited monetary success of the appellant.
  3. 3 Whether any relevant factors were overlooked in the initial costs order.

Ratio Decidendi

The court held that, although the appellant's success was limited in monetary terms, it was nonetheless the successful party on appeal. The respondents failed to make a suitable tender regarding the issue on which the appellant succeeded. The respondents' submissions did not reveal any relevant factor overlooked by the court in making its provisional order, nor did they raise any consideration sufficient to warrant a review of the provisional order. Accordingly, the provisional order awarding half the costs to the respondents was made final, and the respondents were ordered to pay the appellant's costs in connection with the written arguments filed regarding the variation of the costs order.

Court Disposition

Provisional order of costs made final; respondents to pay appellant's costs for written arguments on costs variation.

Orders

  • The provisional order of costs is made final.
  • The respondents are to pay the costs of the appellant in connection with the written arguments filed concerning a variation of the provisional order of costs.