Currie Group (Pty) Ltd v Ngoma and Others (2023-109091) [2023] ZAGPJHC 1259 (31 October 2023)

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 >> 2023 >> [2023] ZAGPJHC 1259 | Noteup | LawCite sino index ## Currie Group (Pty) Ltd v Ngoma and Others (2023-109091) [2023] ZAGPJHC 1259 (31 October 2023) Currie Group (Pty) Ltd v Ngoma and Others (2023-109091) [2023] ZAGPJHC 1259 (31 October 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2023_1259.html sino date 31 October 2023 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, JOHANNESBURG CASE NO: 2023-109091 NOT REPORTABLE NOT OF INTEREST TO OTHER JUDGES REVISED In the matter between: CURRIE GROUP (PTY) LTD APPLICANT and ELIAS NGOMA 1 st RESPONDENT PATIENCE LETHABO MLENGANA 2 ND RESPONDENT MAKWEMBERE, SIMBARASHE 3 RD RESPONDENT NORTON ROSE FULBRIGHT ATTORNEYS 4 TH RESPONDENT JUDGMENT WRIGHT J - The applicant company sells immovable property. The first respondent used to work for the applicant, selling property. The applicant company sells immovable property. The first respondent used to work for the applicant, selling property. - The applicant fired the first respondent and accuses him of fraud. There is a dispute as to who is entitled to the commission on the sale of property. The applicant fired the first respondent and accuses him of fraud. There is a dispute as to who is entitled to the commission on the sale of property. - The applicant seeks urgently a declarator that the applicant is entitled to the commission and it seeks effectively an order that the commission be paid. The applicant seeks urgently a declarator that the applicant is entitled to the commission and it seeks effectively an order that the commission be paid. - The applicant says, vaguely, that the matter is urgent because the prospects of collecting the commission, from the first respondent, if he gets the commission, are doubtful and would involve further litigation. The applicant says, vaguely, that the matter is urgent because the prospects of collecting the commission, from the first respondent, if he gets the commission, are doubtful and would involve further litigation. - In my view, the application is not urgent. In my view, the application is not urgent. ORDER Struck off with costs. GC Wright Judge of the High Court Gauteng Division, Johannesburg HEARD  :   31 October 2023 DELIVERED :   31 October 2023 APPEARANCES  : APPLICANTS  Adv A Berkowitz berkowitz@counsel.co.za 082 820 1119 Instructed by 1 ST RESPONDENT Adv Shuma Nkuna shankunarri@gmail.com 079 477 7095 Instructed by MI Khumalo Attorneys khumalom3@gmail.com 064 658 5299 sino noindex make_database footer start