ERF 25 Bromhof CC v Cooper NO and Another (09/49156) [2010] ZAGPPHC 74 (27 July 2010)

25 Reportability
Civil Procedure

Brief Summary

Civil Procedure — Exception — Defendants' exception to the plaintiff's claim dismissed — The matter was identical to two other cases, leading to a unified judgment — Defendants ordered to pay 50% of the plaintiff's costs, while the plaintiff was to cover reserved costs of the defendants.

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South Africa: North Gauteng High Court, Pretoria
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[2010] ZAGPPHC 74
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ERF 25 Bromhof CC v Cooper NO and Another (09/49156) [2010] ZAGPPHC 74 (27 July 2010)

IN
THE NORTH GAUTENG HIGH COURT,
PRETORIA
(REPUBLIC OF SOUTH AFRICA)
CASE
NUMBER: 09/49156
DATE:
27/07/2010
ERF
25 BROMHOF CC
Plaintiff/Respondent
and
CHAVONNES
BADENHORST SINCLAIR COOPER N.O.
1
st
Defendant/Excipient
HENDRIE
ANDRIE MARAIS N.O.
2
nd
Defendant/Excipient
JUDGMENT
GOODEY
AJ:
[1]
Since this matter is identical to case numbers 49155/09 and 49154/09
I have been requested to give judgment only in case number
49155/09
and that the same result should follow in this case as well as in
case number 49154/09.
[2]
Consequently, the order that I make is as follows:
2.1
The
exception is dismissed;
2.2
The
Defendants are to pay 50% of Plaintiff's costs on party and party
scale;
2.3
The
Plaintiff is to pay the costs of the Defendants which were reserved
on an opposed party and party scale.
GOODEY
AJ