2
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO: 2023-109091
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1. Reportable: No 2. Of interest to other judges: No 3. Revised
Wright J 2 November 2023
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In the matter between:
CURRIE GROUP (PTY) LTD APPLICANT
and
ELIAS NGOMA 1st RESPONDENT
PATIENCE LETHABO MLENGANA 2ND RESPONDENT
MAKWEMBERE, SIMBARASHE 3RD RESPONDENT
NORTON ROSE FULBRIGHT ATTORNEYS 4TH RESPONDENT
JUDGMENT
WRIGHT J
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The applicant company sells immovable property. The first respondent used to work for the applicant, selling property.
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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.
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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.
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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.
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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
082 820 1119
Instructed by
1ST RESPONDENT Adv Shuma Nkuna
079 477 7095
Instructed by MI Khumalo Attorneys
064 658 5299