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[2022] ZAGPPHC 154
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Dale v Riaan Du Plessis Attorneys and Conveyancers and Others (38406/2020) [2022] ZAGPPHC 154 (28 February 2022)
REPUBLIC OF SOUTH
AFRICA
IN THE HIGH COURT
OF SOUTH AFRICA
GAUTENG
DIVISION,
PRETORIA
CASE
NO:38406/2020
DOH: 21 FEBRUARY 2022
In the matter of:
DALE
IRENE
Applicant
and
RIAAN
DU PLESSIS ATTORNEYS & CONVEYANCERS
First Respondent
JOHANNES CHRISTIAN DU PLESSIS
Second Respondent
P
J KLEYNHANS INCORPORATED
ATTORNEYS
Third Respondent
LEGAL PRACTICE COUNCIL
Fourth Respondent
JUDGMENT
THIS JUDGMENT HAS BEEN HANDED
DOWN REMOTELY AND SHALL BE CIRCULATED TO THE PARTIES BY WAY OF EMAIL.
ITS DATE AND TIME OF 2022/02/28
A. Introduction
1.
This matter was heard on 21 February 2022.
2.
The second respondent practices as a sole
practitioner. Thus, notwithstanding the citation of the first and
second respondents, they
are essentially the same person. The third
and fourth respondents are not participating in this matter. For that
reason, I use respondent
when referring to the first and second
respondents.
3.
The applicant, as the party that is
dominus
litis,
bears the responsibility to
ensure that her papers are in order.
4.
Rule 63 of the Uniform Rules is applicable. Ex
facie the papers, Rule 63 has not been complied with. Thus, there is
no application
before court. On that basis, the âapplicationâ
cannot succeed.
B. Order
5.
In the circumstances, I make the following order:
(i)
The application is dismissed.
(ii)
The applicant must pay the first and second
respnodentsâ costs.
NN BAM
JUDGE OF
THE HIGH COURT
,
PRETORIA
Appearances:
Counsel
for the applicants:
Adv Mureriwa
Instructed
by:
Makota Attorneys
For the respondents
Adv Grobler SC
Instructed
by:
JC Du Plessis Attorneys
â
Jansen and
Jansen