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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG

   

CASE NUMBER:  16767/2022

NOT REPORTABLE

NOT OF INTEREST TO OTHER JUDGES

REVISED

13.10.23

 

In the matter between:

 

TOTAL SOUTH AFRICA (PTY) LTD	PLAINTIFF
and
DOWRAJ SERVICE STATION CC	FIRST DEFENDANT
YESHMIN HARDUTH	SECOND DEFENDANT

JUDGMENT

 

 

FARBER AJ:

 

[1]  At the commencement of the hearing counsel on behalf of the Plaintiff withdrew its application for summary judgment. He submitted that the costs of the application ought to be reserved. Counsel on behalf of the Defendant submitted that it was entitled to the costs of the application.

 

[2]  It is well settled that on the withdrawal of proceedings by a litigant, he is to be considered as having been unsuccessful in those proceedings and thus liable for his adversary’s costs.  The Court nonetheless retains its discretion to proclaim otherwise (see Waikiwi Shipping Co Ltd v Thomas Barlow and Sons (Natal) Ltd 1078 (1) SA 671 AD and Waste Products Utilisation Pty Ltd v Wilkes 2003 (2) SA 590 (W)). 

 

[3]  I see no reason why I should not apply the general rule.  I am in a position to determine the question of costs and there is no reason why this should be left to another Court on some future date.  In short the Plaintiff has not advanced cogent reasons the reservation of the costs. 

 

I thus decree that the costs of the summary judgment application are to be paid by the Plaintiff.   

 

  G Farber

  ACTING JUDGE OF THE HIGH COURT

Date of Hearing:  11 October 2023

Date of Judgment: 13 October 2023

APPEARANCES

 

For the Plaintiff: 

Adv R Petersen 

Instructed by: 

Kapditwala Incorporated t/a Dentons

 

For the Defendants: 

Adv J Karuaihe

Instructed by: 

Des Naidoo & Associates

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