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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG

 

CASE NO: 2018/23392

 

1. Reportable: No

2. Of interest to other judges: No

3. Revised

 

12 MAY 2025

 

VUKILE PROPERTY FUND LIMITED                                             Applicant

 

and

 

JOLI MUSIC (PTY) LTD t/a MUSIC WORLD                                 Respondent

 

In re:

 

JOLI MUSIC (PTY) LTD t/a MUSIC WORLD                                 Plaintiff

 

and

 

VUKILE PROPERTY FUND LIMITED                                            First Defendant

 

SIVALUTCHME MOODLIAR N.O                                                   Second Defendant

 

KGASHANE CHRISTOPHER MONYELA N.O                               Third Defendant

 

POGISO TUMISANG TIMOTHY MFOLO N.O                                Fourth Defendant

(In their capacities as joint liquidators in the estate of NMC

Proprietary Limited in liquidation)

 

JUDGMENT

 

WRIGHT J

 

1.  In 2018 the respondent, Joli Music instituted action as plaintiff against the present applicant, Vukile as first defendant.

 

2.  On 2 September 2021 Joli’s attorneys delivered a notice of withdrawal of the action but did not tender costs.

 

3.  Vukile now applies for the costs of the withdrawn action. It also now seeks the costs of the present application, on the attorney and client scale.

 

4.  The attorneys for Joli filed an answering affidavit saying that they had attempted to advance the litigation but because of missing file delays, covid delays and the fact that Vukile’s attorneys had taken exception to the particulars of claim twice and generally delayed the matter, it was decided that the action be withdrawn for commercial reasons. It is suggested that costs be borne equally or that each side pays its own costs.

 

5.  No wrongful conduct by Vukile or its attorneys is shown.

 

6.  In my view, no valid defence in law is raised to the costs sought.

 

ORDER

 

1.  X as amended -

 

GC Wright

Judge of the High Court

Gauteng Division, Johannesburg

 

HEARD:                 12 May 2025

DELIVERED:         12 May 2025

 

APPEARANCES:

Applicant             Adv R Kriek

                              079 514 9411

                              advrozannerkriek@counseljhb.co.za

Instructed by         Whalley Van Der Lith Inc

                              011 880 3473

                              barry@wvl.co.za

 

Respondent         No appearance

Instructed by       Bembridge Minnaar Attorneys Inc

                              011 783 8300

                              bradley@bm-attorneys.co.za

 

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