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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG

 

Case NO: 2024-070849

 

1. REPORTABLE:

2. OF INTEREST TO OTHER JUDGES:

3. REVISED

28 June 2024

 

In the matter between:

 

AFRICAN CELLURAR (PTY) LTD                                                1^ST Applicant

 

WAJAHAT CHOUDARY                                                                2^nd 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 cellphones and if they can’t trade they may be liquidated and employees will become unemployed.

 

4. The respondents oppose but have not had time to file an opposing affidavit. Counsel for the applicant insisted that the matter proceed today, Friday. Belatedly, he asked me to stand the case to Tuesday next week. It is open to the applicants’ attorney to set the matter down whenever he wants to provided there is sufficient urgency.

 

5. The urgency, if it exists at all and I make no finding thereon, is not urgent enough for a Friday hearing.

 

6. The respondents are entitled to an opportunity to file an opposing affidavit and have not yet been given a fair opportunity to do so.

 

7. Adv Mutenga for the respondents seeks punitive costs but 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    :

Applicant                Att S.F Silamulela

                                084 525 3261

                                silamulela@silamlaw.co.za

1^st Respondent      Phambane Mokone Incorporated

                                010 446 0864

                                simon@phambaneattorneys.co.za  

                                Karabo@phambaneaatorneys.co.za

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