Sasol Oil (Pty) Limited v Bitline SA 951 CC t/a Sasol Roodepoort West and Others (2023-052191) [2024] ZAGPJHC 177 (29 February 2024)

Sasol Oil (Pty) Limited v Bitline SA 951 CC t/a Sasol Roodepoort West and Others (2023-052191) [2024] ZAGPJHC 177 (29 February 2024)

The court found that the applicants had established exceptional circumstances justifying the implementation of the order pending appeal. The unlawful occupation of the property by the respondents had persisted for over a year, depriving the applicants of their rights and causing ongoing harm. The applicants demonstrated that they would suffer irreparable harm if the order was suspended, as they would continue to be deprived of their property and its benefits, with damages unlikely to be recoverable. Conversely, any harm suffered by the respondents would not be irreparable, as they could pursue a damages claim against the applicants. The court was satisfied that the requirements of section...

Citation
[2024] ZAGPJHC 177
Parties
Applicant: Sasol Oil (Pty) Limited; Respondent: Bitline SA 951 CC t/a Sasol Roodepoort West; Respondent: Jassat, Bashir; Respondent: Amrich 58 Properties (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
29 February 2024
Case Number
2023-052191
Procedural Posture
Urgent Application / Application for Implementation of Order Pending Appeal Under Section 18 of the Superior Courts Act
Outcome
Application granted; operation and execution of the judgment and orders are not suspended pending appeal.
Judges
L R Adams
Legal Topics
Section 18 Superior Courts Act, Exceptional Circumstances, Irreparable Harm, Franchise Agreement Termination, Eviction, Unlawful Occupation
Civil Procedure Land and Property Section 18 Superior Courts Act Exceptional Circumstances Irreparable Harm Franchise Agreement Termination Eviction Unlawful Occupation

Case Brief

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Parties

Sasol Oil (Pty) Limited

Applicant

Bitline SA 951 CC t/a Sasol Roodepoort West

Respondent

Jassat, Bashir

Respondent

Amrich 58 Properties (Pty) Limited

Respondent

Procedural Posture

Urgent Application / Application for Implementation of Order Pending Appeal Under Section 18 of the Superior Courts Act

Legal Issues

  1. 1 Whether the applicants have established exceptional circumstances justifying implementation of the order pending appeal.
  2. 2 Whether the applicants will suffer irreparable harm if the order is suspended.
  3. 3 Whether the respondents will suffer irreparable harm if the order is implemented.

Ratio Decidendi

The court found that the applicants had established exceptional circumstances justifying the implementation of the order pending appeal. The unlawful occupation of the property by the respondents had persisted for over a year, depriving the applicants of their rights and causing ongoing harm. The applicants demonstrated that they would suffer irreparable harm if the order was suspended, as they would continue to be deprived of their property and its benefits, with damages unlikely to be recoverable. Conversely, any harm suffered by the respondents would not be irreparable, as they could pursue a damages claim against the applicants. The court was satisfied that the requirements of section...

Court Disposition

Application granted; operation and execution of the judgment and orders are not suspended pending appeal.

Orders

  • In case number 2023-052191, the operation and execution of the judgment and order dated 11 December 2023 shall not be suspended pending the decision and outcome of the first and second respondents' appeal.
  • The first and second respondents, jointly and severally, are ordered to pay the applicant's costs of this application.