Kruger and Another v Maluleke (2726/2024)
Kruger and Another v Maluleke (2726/2024) [2025] ZALMPTHC 11 (5 June 2025)
The court held that the Respondent's unilateral removal of the main urgent application from the roll, without consent or explanation and without a tender for costs, was improper and constituted an abuse of process. The discretion to remove or postpone a matter lies with the court, not a party acting alone, especially in opposed urgent matters. The Respondent's conduct was vexatious and warranted a punitive costs order on an attorney and client scale. The objections raised by the Respondent regarding procedural defects and statutory contraventions were dismissed as lacking merit. The court dec…
Source excerpt
- Unilateral Removal Of Application
- Costs Order
- Attorney And Client Scale
- Urgent Application Procedure