Rand Water Board and Another v Kariki Pipeline and Water Project (Pty) Ltd (A2023/080029 & 2017/2774)
Rand Water Board and Another v Kariki Pipeline and Water Project (Pty) Ltd (A2023/080029 & 2017/2774) [2024] ZAGPJHC 418 (22 April 2024)
The court held that where the Supreme Court of Appeal grants leave to appeal to the Full Bench of the High Court, the obligation to provide security for costs under Uniform Rule 49(13) remains unless expressly waived by the respondent or released by the court. The SCA’s silence on the issue does not absolve the appellant from this obligation. The steps taken by Kariki in lodging the appeal record and filing heads of argument without providing security for costs were therefore irregular. The court declined to declare the appeal lapsed, as such relief was not sought in the notice of motion, but…
Source excerpt
- Security For Costs
- Uniform Rule 49 13
- Leave To Appeal
- Irregular Steps
- Superior Courts Act Section 17 2 B