Van Staden N.O and Others v Regional Land Claims Commisioner Limpopo Province and Others (40124/08) [2010] ZAGPPHC 213 (3 December 2010)

Van Staden N.O and Others v Regional Land Claims Commisioner Limpopo Province and Others (40124/08) [2010] ZAGPPHC 213 (3 December 2010)

The court found that the applicants were entitled to the information they sought under section 10(7) of the Expropriation Act, as it related directly to the Minister's offer of compensation for expropriation. The respondents only furnished the particulars after the application was launched, and their failure to do so earlier necessitated litigation. The applicants were therefore entitled to costs. The court rejected the request for attorney and client costs, finding that the respondents' conduct did not warrant a punitive costs order. The order was made for costs on the ordinary scale, jointly and severally against the respondents.

Citation
[2010] ZAGPPHC 213
Parties
Applicant: Petrus Jacobus Van Staden N.O; Applicant: Mathole Serofo Motshekga N.O; Applicant: Jaqueline Fourie N.O; Respondent: Regional Land Claims Commissioner Limpopo Province; Respondent: Minister of Agriculture and Land Affairs; Respondent: Chief Land Claims Commissioner; Respondent: Commissioner on Restitution of Land Rights
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 December 2010
Case Number
40124/08
Procedural Posture
Urgent Application / Costs Determination After Relief Was Satisfied
Outcome
Application for costs granted in favour of the applicants.
Judges
MSIMEKI
Legal Topics
Expropriation Act, Costs Award, Compensation for Expropriation
Land and Property Civil Procedure Expropriation Act Costs Award Compensation for Expropriation

Case Brief

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Parties

Petrus Jacobus Van Staden N.O

Applicant

Mathole Serofo Motshekga N.O

Applicant

Jaqueline Fourie N.O

Applicant

Regional Land Claims Commissioner Limpopo Province

Respondent

Minister of Agriculture and Land Affairs

Respondent

Chief Land Claims Commissioner

Respondent

Commissioner on Restitution of Land Rights

Respondent

Procedural Posture

Urgent Application / Costs Determination After Relief Was Satisfied

Legal Issues

  1. 1 Are the applicants entitled to costs after the respondents furnished the requested particulars only after litigation was initiated.
  2. 2 Does section 10(7) of the Expropriation Act cover the information sought by the applicants regarding the Minister's offer of compensation.

Ratio Decidendi

The court found that the applicants were entitled to the information they sought under section 10(7) of the Expropriation Act, as it related directly to the Minister's offer of compensation for expropriation. The respondents only furnished the particulars after the application was launched, and their failure to do so earlier necessitated litigation. The applicants were therefore entitled to costs. The court rejected the request for attorney and client costs, finding that the respondents' conduct did not warrant a punitive costs order. The order was made for costs on the ordinary scale, jointly and severally against the respondents.

Court Disposition

Application for costs granted in favour of the applicants.

Orders

  • The respondents, jointly and severally, the one paying the others to be absolved, are ordered to pay the costs of the application.