Uys N.O. and Others v VKB Landbou Limited and Another , In Re; VKB Landbou Limited v Uys N.O. and Another (2180/2013) [2013] ZAFSHC 227 (5 December 2013)

Uys N.O. and Others v VKB Landbou Limited and Another , In Re; VKB Landbou Limited v Uys N.O. and Another (2180/2013) [2013] ZAFSHC 227 (5 December 2013)

The court found that the trust had consented to judgment and to the sale of its property, and that any procedural defects alleged by the applicants were eclipsed by the substantive merits of the case. The trust had no defence to the respondent's claims and had been given ample opportunity to raise issues regarding judicial supervision and adequate housing, which it expressly waived in open court. The application for leave to appeal was deemed a further attempt to delay payment and an abuse of process. The court held that there were no reasonable prospects that another court would reach a different conclusion, and that the integrity of the civil justice system required the matter to be put...

Citation
[2013] ZAFSHC 227
Parties
Applicant: Nicolaas Petrus Uys N.O.; Applicant: Stephanus Solomon Weyers N.O.; Applicant: Nicolaas Petrus Uys; Respondent: VKB Landbou Limited; Respondent: Thomas Auctioneers
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 December 2013
Case Number
2180/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application and Grant of Counter Application.
Outcome
Application for leave to appeal dismissed with costs on the attorney and client scale.
Judges
Rampai
Legal Topics
Leave to Appeal, Declaration of Executability, Consent to Judgment, Judicial Supervision of Sale, Rule 46, Abuse of Process
Civil Procedure Land and Property Leave to Appeal Declaration of Executability Consent to Judgment Judicial Supervision of Sale Rule 46 Abuse of Process

Case Brief

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Parties

Nicolaas Petrus Uys N.O.

Applicant

Stephanus Solomon Weyers N.O.

Applicant

Nicolaas Petrus Uys

Applicant

VKB Landbou Limited

Respondent

Thomas Auctioneers

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application and Grant of Counter Application.

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the judgment and order granted.
  2. 2 Whether procedural defects in the declaration of trust property as executable justify leave to appeal.
  3. 3 Whether the lack of judicial supervision over the sale of immovable trust property warrants appellate intervention.

Ratio Decidendi

The court found that the trust had consented to judgment and to the sale of its property, and that any procedural defects alleged by the applicants were eclipsed by the substantive merits of the case. The trust had no defence to the respondent's claims and had been given ample opportunity to raise issues regarding judicial supervision and adequate housing, which it expressly waived in open court. The application for leave to appeal was deemed a further attempt to delay payment and an abuse of process. The court held that there were no reasonable prospects that another court would reach a different conclusion, and that the integrity of the civil justice system required the matter to be put...

Court Disposition

Application for leave to appeal dismissed with costs on the attorney and client scale.

Orders

  • The application of the trust for leave to appeal is dismissed.
  • The applicants are directed to pay the costs of this application on the special scale of costs as between attorney and client.