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[2023] ZAGPJHC 1267
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Lulaway Holdings (Pty) Ltd v City Of Ekurhuleni Metropolitan Municipality (39617/2019) [2023] ZAGPJHC 1267 (6 September 2023)
IN THE HIGH COURT OF SOUTH
AFRICA
GAUTENG LOCAL DIVISION,
JOHANNESBURG
CASE NO
: 39617/2019
DATE
: 06-09-2023
In
the matter between
LULAWAY
HOLDINGS (PTY) LTD
Plaintiff
And
CITY OF EKURHULENI METROPOLITAN
MUNICIPALITY
Defendant
J U D G M E N T
WANLESS AJ
This morning, being Wednesday the 6
th
of
September 2023, this Court was advised that the
Defendant was making an application for absolution from the instance
at the end
of the Plaintiff’s case. Arising therefrom,
this Court has heard full argument from both Counsel in this matter
and
has had the opportunity to consider same. It is not the
intention of this Court, in any manner whatsoever, to attempt to give
a detailed judgment in respect of the ruling which this Court will
now deliver, nor is it desirable, in the opinion of this Court,
to
attempt to do same. In that regard, this Court will again
emphasise that it has had the opportunity not only to have the
benefit of Counsels’ argument, but also, in one instance, Heads
of Argument (from the Plaintiff’s Counsel) and also
the benefit
of being referred, by both Counsel, to the various authorities and
principles which are applicable to applications
of this nature.
Of course, the test to be applied to
an application of this nature, that being absolution from the
instance at the end of the Plaintiff’s
case, is fairly trite
and, once again, will not be repeated simply for the purposes of
burdening the record of these proceedings.
Having considered
all of the above and, in particular, having considered the evidence
placed before this Court at this stage, this
Court is satisfied that
there is indeed evidence before this Court upon which this Court,
applying its mind reasonably to such
evidence, could or might (not
should, or ought) find for the Plaintiff in this matter.
In the premises, this Court makes the
following order:
1.
The Defendant’s application for
absolution from the instance at the end of the Plaintiff’s case
is dismissed.
2.
The Defendant is to pay the costs of the
application as set out in paragraph 1 hereof.
- - - - - - - - - - - -
WANLESS AJ
ACTING JUDGE OF THE HIGH COURT
DATE
:
6 November 2023 (revised)