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South Africa: South Gauteng High Court, Johannesburg
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2023
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[2023] ZAGPJHC 1194
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Chataprop Holdings Ltd v City of Johannesburg Metropolitan Municipality (013170/2022) [2023] ZAGPJHC 1194 (19 October 2023)
IN THE HIGH COURT OF SOUTH
AFRICA
GAUTENG LOCAL DIVISION,
JOHANNESBURG
CASE NO
: 013170/2022
NOT REPORTABLE
NOT OF INTEREST TO OTHER JUDGES
In
the matter between
CHATAPROP
HOLDINGS LTD
Plaintiff
And
CITY
OF JOHANNESBURG METROPOLITAN MUNICIPALITY
Defendant
J U D G M E N T
LA GRANGE,
AJ
: At the start of
proceedings, it very soon became apparent that in consequence of
discussions that the parties had the realisation
had dawned on the
applicant’s representative that alternative relief to that
which had been framed in the notice of motion
and the amended notice
of motion would be required.
After standing down
the parties informed me that they are in agreement that the
application should be postponed
sine
die
. The purpose thereof being to
allow the applicant an opportunity to remedy its papers that
certainly includes relief in the
notice of motion, but it may also
include supplementing the affidavits.
But that the issue of costs could not
be agreed between the parties. I had heard the representatives
of both parties on the
costs issue. This is an indulgence that
is being sought by the applicant and as such the ordinary approach is
that it ought
to make good the respondents wasted costs of today.
I have not heard any submissions by
the applicant which persuade me that I ought to deviate from that
ordinary approach and accordingly,
I award the respondents the wasted
costs of today.
My order,
therefore, is that the matter is postponed.
sine
die.
The applicant to pay the
respondents wasted costs.
LA GRANGE, AJ
JUDGE OF THE HIGH COURT
DATE
:
19/10/23