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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG

 

CASE NO:2939/2017

1).REPORTABLE: NO

2. OF INTEREST TO OTHER JUDGES: NO

3. REVISED: YES

19 February 2024

In the matter between:

 

THE MUNICIPAL MANAGER OF                               FIRST APPLICANT

OF THE CITY OF JOHANNESBURG

METROPOLITAN MUNICIPALITY

 

ROSINA MOHALE                                                      SECOND APPLICANT

 

MALEBO SELOWA                                                    THIRD APPLICANT

 

SIPHO SIBIYA                                                             FOURTH APPLICANT

 

CITY OF JOHANNESBURG

METROPOILTAN MUNICIPALITY                              FIFTH APPLICANT

 

CITY OF POWER JOHANNESBURG (SOC) LTD      SIXTH APPLICANT

 

JOHANNESBURG WATER (SOC) LTD                     SEVENTH APPLICANT

                                                                                 

And

 

TWIN CITY REALTY (PTY) LTD                                 FIRST RESPONDENT

 

IDOLA (PTY) LTD                                                       SECOND RESPONDENT

 

JUDGEMENT

 

ALLY AJ

 

[1]  This is an application launched by the First and Second Respondents, hereinafter referred to as the Respondents, for a costs order in their favour following an order[1] granted by agreement on 18 April 2019.

 

[2]  The costs in the abovementioned order were reserved, hence this application which is opposed by all the Applicants.

 

[3]  It should be noted that the abovementioned order was granted after the Applicants launched a reconsideration application.

 

[4]  Both sets of parties submit that costs should be granted in their favour because they were successful. However, it is clear from the Order of Mahalelo J itself that both parties were successful and the costs reserved were in fact the costs of the reconsideration application.

 

[5]  It has become trite law that a decision on costs to be awarded in legal proceedings vest in the discretion of the Court which discretion must be exercised judicially taking into account the circumstances of the case.

 

[6]  It is true, as submitted by both Counsel that costs usually follow the result unless a Court is convinced otherwise in the given circumstances.

 

[7]  The Respondents submit that this Court should consider that the original application was launched because of the conduct of the Applicants and the Respondents were successful in the said application[2]. However, it should be noted that costs of that application were awarded in favour of the present Respondents.

 

[8]  In my view, a consideration of the costs of the reconsideration application cannot extend to a consideration of the initial application. This Court must accordingly consider what occurred in the reconsideration application.

 

[9]  As stated above, both parties were successful during the reconsideration application and this factor is the overriding factor in coming to a decision as to who should be awarded costs in the said application.

 

[10]  In the result, I am of the view that because of the success of both parties in the reconsideration application each party must pay their own costs of the said application and this opposed application.

 

[11]  Accordingly, the following Order shall issue:

a).  Each party shall pay their own costs in respect of the costs reserved on 18 April 2019;

b).  Each party shall pay their own costs in this application.

 

G ALLY

ACTING JUDGE OF THE HIGH COURT

GAUTENG LOCAL DIVISION OF THE HIGH COURT, JOHANNESBURG

 

Electronically submitted therefore unsigned

 

Delivered:  This judgement was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to the Parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines.  The date for hand-down is deemed to be 19 February 2024.

 

Date of virtual hearing:       1 February 2022

Date of judgment:               19 February 2024

 

Appearances:

 

Attorneys for the Applicants               MADHLOPA & THENGA INC

                                                           commercial@madhlopathenda.co.za

Counsel for Applicants                       Adv. L. Nyangiwe  

 

Attorneys for the Respondents           JAQUES CLASSEN ATTORNEYS         

                                                           jaques@propdevlaw.co.za

Counsel for the Respondents             Adv. R. de Leeuw  

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