Babereki Consulting Engineers CC v Minister: Government of the Republic of South Africa: Department of Water and Sanitation and Others (890/2016) [2016] ZAFSHC 115 (30 June 2016)

Babereki Consulting Engineers CC v Minister: Government of the Republic of South Africa: Department of Water and Sanitation and Others (890/2016) [2016] ZAFSHC 115 (30 June 2016)

The court found that the applicant failed to make out a proper case for the granting of an interim order, as the founding affidavit did not contain sufficient averments regarding exclusive rights or the scope of works to demonstrate infringement. The absence of documentary evidence, such as the contract, rendered it impossible to conclude that a prima facie right was established. The court further held that media reports do not constitute proper service of court proceedings and rejected the argument that the second respondent's absence was wilful. The application for leave to appeal was dismissed as there were no reasonable prospects of success on any of the grounds raised.

Citation
[2016] ZAFSHC 115
Parties
Applicant: Babereki Consulting Engineers CC; Respondent: Minister: Department of Water and Sanitation; Respondent: Vharanani Properties (Pty) Ltd; Respondent: Bloemwater; Respondent: Minister: Department of Human Settlements; Respondent: Premier: Free State Provincial Government; Respondent: Nketoana Local Municipality; Respondent: Setsoto Local Municipality; Respondent: Tokologo Local Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
30 June 2016
Case Number
890/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Dismissing Interim Interdict
Outcome
Application for leave to appeal dismissed with costs, including wasted costs occasioned by the postponement on 3 June 2016.
Judges
Mokgobo, AJ
Legal Topics
Leave to Appeal, Interim Interdict, Prima Facie Right, Service of Process
Civil Procedure Leave to Appeal Interim Interdict Prima Facie Right Service of Process

Case Brief

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Parties

Babereki Consulting Engineers CC

Applicant

Minister: Department of Water and Sanitation

Respondent

Vharanani Properties (Pty) Ltd

Respondent

Bloemwater

Respondent

Minister: Department of Human Settlements

Respondent

Premier: Free State Provincial Government

Respondent

Nketoana Local Municipality

Respondent

Setsoto Local Municipality

Respondent

Tokologo Local Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Dismissing Interim Interdict

Legal Issues

  1. 1 Whether the applicant established a prima facie right to the interim interdict.
  2. 2 Whether the applicant demonstrated infringement of its rights by the respondents.
  3. 3 Whether the absence of the second respondent at the initial hearing was wilful and constituted proper service.

Ratio Decidendi

The court found that the applicant failed to make out a proper case for the granting of an interim order, as the founding affidavit did not contain sufficient averments regarding exclusive rights or the scope of works to demonstrate infringement. The absence of documentary evidence, such as the contract, rendered it impossible to conclude that a prima facie right was established. The court further held that media reports do not constitute proper service of court proceedings and rejected the argument that the second respondent's absence was wilful. The application for leave to appeal was dismissed as there were no reasonable prospects of success on any of the grounds raised.

Court Disposition

Application for leave to appeal dismissed with costs, including wasted costs occasioned by the postponement on 3 June 2016.

Orders

  • Application for leave to appeal is dismissed with costs, including the wasted costs occasioned by the postponement on 3 June 2016.