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Canyon Coal (Pty) v Calwed Construction CC (24643/2016) [2016] ZAGPPHC 745

26th August 2016


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The applicant, in this application, seeks an order as follows:

"1. That the application be dealt with as a matter of urgency within the meaning if Rule 6(12) of the Uniform Rules of Court and that the Rules in relation to forms and service be dispense (sic) with to the extent that this Honourable Court deems meet.


2. The Respondent is ordered to release immediately the Applicant's screening and crushing plant.

3. That the Applicant is entitled to collect from the Respondent's premises situated at 17 Celsius Street Middelburg, the plant referred to in paragraph 2. 1 above.


4.1 It is noted that the Applicant has paid into the Trust Account of its Attorney of Record the amount of R750 985.18.

4.2 The said amount of R750 985.18 shall remain in an interest bearing Trust account under control of the Applicant's Attorney of Record, and shall so remain invested and held separately as a potential earmarked fund from which the Respondent may possibly execute, subject to the following conditions:

            1. The Respondent is to institute an action against the Applicant within 30 days from date of this order.

            2. The said amount referred to above shall be held in the Trust Account of the Applicant's attorney until finalization of the action, if the Respondent institutes an action as contemplated in paragraph 4.2.1 above, and subject to the condition that the respondent pursues the action with due diligence.

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