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2024
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[2024] ZAGPJHC 604
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Michaels v Firstmile Prop JHB Crown Mines (Pty) Ltd and Another (2024/070685) [2024] ZAGPJHC 604 (28 June 2024)
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
Case
NO:
2024-070685
1.REPORTABLE:
No
2.OF INTEREST TO OTHER JUDGES: No
3.REVISED
28
June 2024
In the matter between:
ANNIE DORGES
MICHAELS
Applicant
and
FIRSTMILE PROP JHB CROWN MINES
(PTY) LTD
1
st
Respondent
TAKE SHAPE PROPERTY MANAGEMENT
(PTY) LTD
2
nd
Respondent
JUDGMENT
WRIGHT J
1. The applicants rent a shop from the
respondents in downtown Johannesburg.
2. In a very terse founding affidavit
they seek urgent spoliation relief. They say that the respondents, on
Sunday 23 June 2024,
switched off the electricity and locked the
shop.
3. Urgency is alleged in that the
applicants sell linen and if they can’t trade they may be
liquidated and employees will
become unemployed. The respondents
oppose but have not had time to file an opposing affidavit. Counsel
for the applicant insisted
that the matter proceed today, Friday.
4. The urgency, if it exists at all
and I make no finding thereon, is not urgent enough for a Friday
hearing.
5. The respondents are entitled to an
opportunity to file an opposing affidavit and have not yet been given
a fair opportunity.
6. Adv Mutenga for the respondents
seeks punitive costs. In my view, party and party costs on scale A
suffice.
ORDER
1. The matter is removed from the
roll.
2. The applicants are jointly and
severally to pay the respondents’ costs.
GC
Wright
Judge
of the High Court
Gauteng
Division, Johannesburg
HEARD
: 28 June 2024
DELIVERED
: 28 June 2024
APPEARANCES
:
Applicants
Att S.F Silamulela
084 525 3261
silamulela@silamlaw.co.za
Respondents
Adv H Mutenga
Phambane Mokone Incorporated
010 446 0864
simon@phambaneattorneys.co.za
Karabo@phambaneaatorneys.co.za