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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG

 

CASE NO: 899/2020

1. Reportable:  No

2. Of interest to other judges: No

3. Revised

17 February 2024

 

ANGLO AMERICAN EMEA SHARED

SERVICES (PTY) LTD                                                        First Applicant

 

ANGLO AMERICAN SERVICES (UK) LTD.                      Second Applicant

 

And

 

LIMPOPO PROPELLERS CC                                             Respondent

 

In Re:

 

ANGLO AMERICAN EMEA SHARED

SERVICES (PTY) LTD                                                          First Plaintiff

 

ANGLO AMERICAN SERVICES (UK) LTD                          Second Plaintiff

 

And

 

POXX ENTERPRISES (PTY) LTD                                         First Defendant

 

LIMPOPO PROPELLERS CONSULTING CC                       Second Defendant

 

JOSHUA MACHUTE RAPOO                                               Third Defendant

 

PATRICK TEBOGO RAPOO                                                Fourth Defendant

 

THAMMY SEKGOBELA                                                       Fifth Defendant

 

LE -THA-NELLY KGWEBO A TIRO (PTY) LTD                   Sixth Defendant

 

BAIPUSHI CIVIL AND ELECTRICAL (PTY) LTD                 Seventh Defendant

 

FIRST RAND BANK LIMITED

T/A FIRST NATIONAL BANK                                                Eighth Defendant

 

ABSA BANK LIMITED                                                          Ninth Defendant

 

JUDGMENT

 

WRIGHT J

 

1.  The applicant companies instituted action against a number of defendants.

 

2.  The second defendant, now the present respondent, Limpopo, filed a plea. Later the applicants’ attorneys sought discovery by the respondent. Such was not  forthcoming and on 20 February 2024 this court ordered discovery by the respondent within five days. The order allowed the applicants to approach the court for a striking out of the respondent’s defence. Discovery was not forthcoming.

 

3.  A striking out application was launched on 6 March 2024. The applicants sought the striking out of the defence and judgement for the money amounts claimed in the action.

 

4.  The striking out application and the documents preceding it were all served timeously on the respondent’s then attorneys. These attorneys withdrew as attorneys of record on 19 April 2024.

 

5.  On the day of the hearing, 31 July 2024, Mr Makaepea, apparently the moving force behind Limpopo, appeared personally. The judge hearing the matter postponed the application to afford the respondent an opportunity to oppose the application.

 

6.  New attorneys came on board for Limpopo and an answering affidavit was filed. It is conceded in this affidavit that there was proper service of all documents hitherto. It is stated vaguely that Limpopo was let down by its former attorneys.

 

7.  To date, there is still no compliance with the order of 20 February 2024. The only inference to be drawn is that Limpopo is not serious about litigating as it should.

 

8.  At the last minute, Ms Malungani appeared for the respondent.

 

9.  She was briefed only yesterday. The matter is not ready for hearing.

 

10.  Ms Malungani undertook on behalf of her client that it would discover by 4pm on 27 February 2025.

 

ORDER

 

1.  The matter is removed.

2.  The second defendant is to pay the wasted costs on scale C.

 

GC Wright

Judge of the High Court

Gauteng Division, Johannesburg

 

HEARD                   17 February 2025  

DELIVERED:          17 February 2025

 

APPEARANCES:

 

Applicants             Adv Mark Smit

                               marksmit1900@gmail.com

                               082 330 1808

Instructed by         Cliffe Dekker Hofmeyr

                               011 562 1148 / 072 037 0082

                               Corne.Lewis@cdhlegal.com / Nishan.Pillay@cdhlegal.com

 

Respondent          Adv T Malungani

 

Instructed by       CHAYYA ATTORNEYS

                               015 295 9626

                               arshad@chayyaattorneys.co.za

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