Dumah v Klerksdorp Town Council

• Jurisdiction: South Africa
• Judge: Millin J, and Price J
• Judgment Date: 24 October 1951
• Court: Transvaal Provincial Division
• Hearing Date: 19 October 1951
• Citation: 1951 (4) SA 519 (T)

Price, J.:

This is an appeal from a judgment of the additional magistrate of Klerksdorp.

The relevant facts are as follows: The appellant, as a result of litigation with the respondent Council obtained a judgment against

Price J

the respondent in the magistrate's court of Klerksdorp in respect of which his costs were taxed at £35 10s. 3d. A writ of execution was issued for this amount and certain assets belonging to the respondent were attached.

A The litigation referred to above, however, was not the only litigation between the parties. There was also an application in the Supreme Court between the same parties in which judgment with costs was given against the appellant on the 29th March, 1951.

At the time the writ of execution was issued, on the 24th April, 1951, B the costs in respect of the Supreme Court proceedings had not yet been taxed. It appears from the records of this court that those costs were taxed in May at an amount in excess of £200 as stated by Mr. Eloff who appeared for the respondent and not disputed by Mr. Snyman who appeared for the appellant. (At this date therefore set off has operated C and the writ issued by the appellant has actually been fully satisfied. The result of the appeal will only affect the question of costs.)

On the 26th April, 1951, the respondent filed an application in the...