Aussee Oats Milling (Private) Limited vs Future Consumer Limited and others – CA RII/06/2022-2025

In the matter between Future Consumer Limited (Petitioner-Respondent) and Aussee Oats Milling (Private) Limited (1st Respondent-Petitioner), the court addressed an application for restitution in integrum/revision under Article 138 of the Constitution. The application challenged a Commercial High Court order and sought interim relief. It was determined that the applicant was afforded an opportunity to be heard which was not utilized. Furthermore, the existence of an alternative remedy, specifically an appeal to the Supreme Court under Section 5(2) of the High Court of the Provinces (Special Provisions) Act No. 10 of 1996, was identified. The failure to exhaust this available remedy was found to preclude the applicant from seeking extraordinary relief. Consequently, the application was dismi