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South Africa: North Gauteng High Court, Pretoria
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[2024] ZAGPPHC 158
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Taole v Mothibe (42070/2018) [2024] ZAGPPHC 158 (8 February 2024)
IN
THE
HIGH
COURT
OF
SOUTH
AFRICA GAUTENG DIVISION, PRETORIA
Case
number:
42070/2018
(1) REPORTABLE: YES/
NO
(2) OF INTEREST TO OTHER JUDGES: YES/
NO
(3) REVISED:
YES
/NO
SIGNATURE
DATE: 08/02/2024
In
the
matter
between:
RETSELISITSOE
LEHLOHONOLO
TAOLE
APPLICAN
T
and
TEKE
ELIAS
MOTHIBE
RESPONDENT
REASONS
FOR
THE
ORDER
DATED
15
OCTOBER
2018
MOSOPA,
J
[1]
The
applicant
herein
made
a
request
for
reasons
for
the
order
dated
15
October 2018
,
the order
which reads
;
1.1.
The
matter
is
postponed
sine
di
e.
1.2.
The
Respondent is
to
file
its
answering
affidavit
with
10
(ten)
days
of
this
order
;
1.3.
The
respondent
is
ordered
to
pay
the
wasted
cost
hereof.
(For
the sake
of
convenience
,
the order
dated
15
October
2018
is
annexed
hereto)
[2]
The applicant
in casu
,
appeared in
person in
a
matter that
was
enrolled
on
the 15
October 2018 in
an
unopposed motion
court roll, as
a
result of
failure of
the
respondent to file an answering affidavit in the application brought by the
applicant
against
the
respondent
on
the
enrolled
date
,
the
respondent
who
was legally represented appeared
with the resultant order been made
.
[3]
Upon receipt of request of reasons of the order made by the
applicant, my secretary Ms Dames who has since left the office
,
made an
endeavor to
trace the court
file and most importantly the transcripts of that particular day
.
[4]
Ms Dames was successful in obtaining the file but could not
succeed in obtaining the
transcribed
record
,
as
it
appeared that on
that day
,
there was no power and
no
mechanical
recordings were
made
by
the
relevant
officer
dealing with the
transcriptions
.
The matter served before me and was heard in court
2C
.
[5]
I could not proceed with the matter and deal with the merit and
grant the applicant
the
relief
he
was
seeking
because
of
the
presence
of
the
respondent's legal
representatives
,
hence I penalized the
respondent with
the
cost order for
the
postponement occasioned on
their
side
.
The
order
that
I
made
did
not
have
the effect of disposing of the merits of the matter. On the
proper inspection of the
court
file
,
I
found
that the
matter
served before
Constantinides
AJ
on
the
29 May 2019 and the application by the
applicant was dismissed and a written judgment was provided
.
[6]
Except from what is stated here and what is contained in the
order of the 15 October 2018
,
there is
nothing further that I can add
.
MJ MOSOPA
JUDGE
OF
THE
HIGH
COURT
,
PRETORIA
Date
of
hearing
:
15
October
2018