Anglo American Emea Shared Services (Pty) Ltd and Another v Limpop Propellers CC and Others (899/2020) [2025] ZAGPJHC 147 (17 February 2025)

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: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2025 >> [2025] ZAGPJHC 147 | Noteup | LawCite sino index ## Anglo American Emea Shared Services (Pty) Ltd and Another v Limpop Propellers CC and Others (899/2020) [2025] ZAGPJHC 147 (17 February 2025) Anglo American Emea Shared Services (Pty) Ltd and Another v Limpop Propellers CC and Others (899/2020) [2025] ZAGPJHC 147 (17 February 2025) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2025_147.html sino date 17 February 2025 ###### IN THE HIGH COURT OF SOUTH AFRICA 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 sino noindex make_database footer start