Taole v Mothibe (42070/2018) [2024] ZAGPPHC 158 (8 February 2024)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: North Gauteng High Court, Pretoria South Africa: North Gauteng High Court, Pretoria You are here: SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2024 >> [2024] ZAGPPHC 158 | Noteup | LawCite sino index ## Taole v Mothibe (42070/2018) [2024] ZAGPPHC 158 (8 February 2024) Taole v Mothibe (42070/2018) [2024] ZAGPPHC 158 (8 February 2024) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2024_158.html sino date 8 February 2024 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA Case number: 42070/2018 (1) REPORTABLE: YES/ NO (2) OF INTEREST TO OTHER JUDGES: YES/ NO (3) REVISED: YES /NO SIGNATURE DATE: 08/02/2024 In the matter between: RETSELISITSOE LEHLOHONOLO TAOLE ��������������������������������������������� APPLICAN T and TEKE ELIAS MOTHIBE ����������������������������������������������������������������������������� RESPONDENT REASONS FOR THE ORDER DATED 15 OCTOBER 2018 MOSOPA, J [1] The applicant herein made a request for reasons for the order dated 15 October 2018 , the order which reads ; 1.1. The matter is postponed sine di e. 1.2. The Respondent is to file its answering affidavit with 10 (ten) days of this order ; 1.3. The respondent is ordered to pay the wasted cost hereof. (For the sake of convenience , the order dated 15 October 2018 is annexed hereto) [2] The applicant in casu , appeared in person in a matter that was enrolled on the 15 October 2018 in an unopposed motion court roll, as a result of failure of the respondent to file an answering affidavit in the application brought by the applicant against the respondent on the enrolled date , the respondent who was legally represented appeared with the resultant order been made . [3] Upon receipt of request of reasons of the order made by the applicant, my secretary Ms Dames who has since left the office , made an endeavor to trace the court file and most importantly the transcripts of that particular day . [4] Ms Dames was successful in obtaining the file but could not succeed in obtaining the transcribed record , as it appeared that on that day , there was no power and no mechanical recordings were made by the relevant officer dealing with the transcriptions . The matter served before me and was heard in court 2C . [5] I could not proceed with the matter and deal with the merit and grant the applicant the relief he was seeking because of the presence of the respondent's legal representatives , hence I penalized the respondent with the cost order for the postponement occasioned on their side . The order that I made did not have the effect of disposing of the merits of the matter. On the proper inspection of the court file , I found that the matter served before Constantinides AJ on the 29 May 2019 and the application by the applicant was dismissed and a written judgment was provided . [6] Except from what is stated here and what is contained in the order of the 15 October 2018 , there is nothing further that I can add . MJ MOSOPA JUDGE OF THE HIGH COURT , PRETORIA Date of hearing : 15 October 2018 sino noindex make_database footer start