Jenner v Van Rensburg

• Jurisdiction: South Africa
• Judge: Price JP, Jennett J and Van Der Riet J
• Judgment Date: 28 November 1956
• Citation: 1957 (2) SA 236 (E)
• Hearing Date: 28 November 1956
• Court: Eastern Districts Local Division

Jenner v Van Rensburg
1957 (2) SA 236 (E)

1957 (2) SA p236

Citation	1957 (2) SA 236 (E)
Court	Eastern Districts Local Division
Judge	Price JP, Jennett J and Van Der Riet J
Heard	November 28, 1956
Judgment	November 28, 1956

Flynote : Sleutelwoorde

Practice — Parties — Order granted covering an individual not cited nor represented — Order to that extent set aside on appeal E — Costs — Application for costs on attorney and client basis refused.

Headnote : Kopnota

Where respondent had succeeded in motion proceedings in obtaining an order covering not only his own case but also that of the present appellant, who had not been represented before the Judge a quo and not cited to appear before him, the Court on appeal ordered that the name of F appellant be deleted from the order of the Judge a quo and that appellant should be awarded the costs of the present appeal on the party and party scale, an application for costs on the attorney and client basis being refused.

Case Information

Appeal from an order made by WYNNE, J., appellant having been granted G leave to intervene and to appeal. The facts appear from the judgment reported at 1957 (2) SA 238.

N. C. Addleson, for the appellant.

P. F. O'Hagan, Q.C. (with him J. A. F. Nel), for the respondent.

Judgment

Price, J.P.:

I agree. I want to add a few words on the question of Mr. H Addleson's application for costs on the attorney and client scale. As my Brother has not stated the grounds for our refusal to order costs on that scale, I would like to state the reasons for that conclusion.

Mr. Addleson, in making his application for costs on the attorney and client scale, has relied upon the judgment of WYNNE, J., now

1957 (2) SA p237

Jennett J

appealed against, in which he made such an order. We are not prepared to follow his judgment in this respect as we consider that the order for attorney and client costs as made by the learned Judge a quo is not justified on the numerous authorities on the point. Therefore we will not grant costs on the attorney and client scale.

We will direct the Registrar to advise the Returning Officer by A telephone of the Court's order in this appeal and to confirm it by telegram thereafter.

Judgment

Jennett, J.:

We think that the order made by WYNNE, J., in this case was a mandamus ad hoc limited to those persons mentioned in the order for B the purpose of the coming...