Equicent Eastern Cape Developments (Pty) Ltd v University of Fort Hare and Others, In Re: African Student Accommodation Group (Pty) Ltd and Others v Equicent Eastern Cape Developments (Pty) Ltd and Others (4065/2014) [2015] ZAECGHC 46 (28 April 2015)

Equicent Eastern Cape Developments (Pty) Ltd v University of Fort Hare and Others, In Re: African Student Accommodation Group (Pty) Ltd and Others v Equicent Eastern Cape Developments (Pty) Ltd and Others (4065/2014) [2015] ZAECGHC 46 (28 April 2015)

The court found that the JV's conduct, specifically the correspondence of 13 and 17 March 2015, demonstrated unequivocal acquiescence in the 12 March 2015 order. The JV implemented the order without reservation and proposed to proceed with the re-adjudication process, conveying a clear intention to be bound by the order and to achieve finality through re-adjudication rather than appeal. There was no indication of an intention to appeal or reservation of rights in the relevant communications. The subsequent application for leave to appeal was inconsistent with this conduct and amounted to an attempt to blow hot and cold. The court held that Equicent had discharged the onus of proving...

Citation
[2015] ZAECGHC 46
Parties
Applicant: Equicent Eastern Cape Developments (Pty) Ltd; Respondent: University of Fort Hare; Respondent: Council of the University of Fort Hare; Respondent: African Student Accommodation Group (Pty) Ltd; Respondent: Isondlo Investments (Pty) Ltd; Respondent: John Christopher Schooling
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
28 April 2015
Case Number
4065/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Peremption Following Declaratory and Review Proceedings
Outcome
The appeal by the third, fourth and fifth respondents against the order of 12 March 2015 is perempted. The application for leave to appeal is dismissed. The application to strike out is partially granted.
Judges
J M Roberson
Legal Topics
Peremption of Appeal Rights, Review of Tender Award, Interpretation of Court Order, Rule 49 11 Execution, Costs Orders
Civil Procedure Administrative Law Peremption of Appeal Rights Review of Tender Award Interpretation of Court Order Rule 49 11 Execution Costs Orders

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 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Equicent Eastern Cape Developments (Pty) Ltd

Applicant

University of Fort Hare

Respondent

Council of the University of Fort Hare

Respondent

African Student Accommodation Group (Pty) Ltd

Respondent

Isondlo Investments (Pty) Ltd

Respondent

John Christopher Schooling

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Peremption Following Declaratory and Review Proceedings

Legal Issues

  1. 1 Whether the third, fourth and fifth respondents' right to appeal the 12 March 2015 order was perempted by their conduct.
  2. 2 Whether the respondents unequivocally acquiesced in the 12 March 2015 order, thereby abandoning their right to appeal.
  3. 3 Whether the interpretation of the 5 December 2014 order was correct regarding the scope of permitted construction work.

Ratio Decidendi

The court found that the JV's conduct, specifically the correspondence of 13 and 17 March 2015, demonstrated unequivocal acquiescence in the 12 March 2015 order. The JV implemented the order without reservation and proposed to proceed with the re-adjudication process, conveying a clear intention to be bound by the order and to achieve finality through re-adjudication rather than appeal. There was no indication of an intention to appeal or reservation of rights in the relevant communications. The subsequent application for leave to appeal was inconsistent with this conduct and amounted to an attempt to blow hot and cold. The court held that Equicent had discharged the onus of proving...

Court Disposition

The appeal by the third, fourth and fifth respondents against the order of 12 March 2015 is perempted. The application for leave to appeal is dismissed. The application to strike out is partially granted.

Orders

  • It is declared that the third, fourth and fifth respondents' appeal against the order of this court of 12 March 2015 is perempted.
  • The third, fourth and fifth respondents are to pay the costs of the application jointly and severally, the one paying the others to be absolved.