IN THE HIGH COURT OF SOUTH AFRICA,
FREE STATE DIVISION, BLOEMFONTEIN
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Reportable: NO Of Interest to other Judges: NO Circulate to Magistrates: NO |
Case No:4133/2022
In the matter between:
DANẺ STEYN Applicant
and
ZWELIBANZI WILLIAM NGQUQU N.O. 1st Respondent
(In his capacity as the executor of the deceased estate of the
late Petru Steyn, Estate Number 360/2003)
MASTER OF THE HIGH COURT BLOEMFONTEIN 2nd Respondent
THE REGISTRAR OF DEED BLOEMFONTEIN 3rd Respondent
WATERLAAGTE VOERKRAAL (PTY) LTD 4th Respondent
MARIETA STEYN 5th Respondent
AMENDMENT ORDER
JUDGMENT BY: MHLAMBI, J
___________________________________________________________________
DELIVERED ON: This amended order was handed down electronically by circulation to the parties’ legal representatives by email and released to SAFLI. The date and time for the hand-down are deemed to be 12h30 on 09 June 2023.
[1] On 23 January 2023, I granted an order in terms of which the first respondent was ordered to pay the applicant’s costs on an attorney and client scale. The said order was influenced by my finding in paragraph 30 of the judgment which reads as follows: “The unprofessional manner that the first respondent handled this matter, justifies that he be visited with costs on a punitive scale.” The order inadvertently omitted that the first respondent, in his personal capacity, should pay the applicant’s costs on an attorney and client scale.
[2] The variation is done in terms of Rule 42(1)(b) of the Uniform Rules of Court.
[3] The varied order should therefore read as follows:
Order
1. The first respondent, in his personal capacity, is to pay the applicant’s costs on an attorney and client scale.
_________________
MHLAMBI, J
On behalf of the plaintiff: Adv. R Van Der Merwe
Instructed by: Graham Attorneys
14A Torbet Street
Noordhoek
Bloemfontein
On behalf of the respondent: Adv. J Ferreira
Instructed by: Callis Attorneys
12 Milner Road
Waverley
Bloemfontein