High Court of South Africa Eastern Cape, Mthatha - 2013 August

2 judgments
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2 judgments
Citation
Judgment date
August 2013
Urgent interdict dismissed: applicants lacked locus and entitlement; punitive de bonis propriis attorney-and-client costs ordered.
Procedure – Urgent applications – duty of attorneys to enroll and prepare indexed papers; Company law – deregistration extinguishes company’s legal personality and locus standi; Interim relief – requirements for interdict (clear or prima facie right, reasonable apprehension of irreparable injury) not established; Rule 14 inapplicable to deregistered companies; Costs – de bonis propriis and punitive attorney-and-client costs justified where litigation is misleading, frivolous or negligently conducted.
29 August 2013
Court granted urgent interim relief: sale lapsed, lease terminated, and tenants ordered to pay rent to the owner pending finalisation.
Urgency — Rule 6(12) — assessment of founding affidavit and inherent probabilities; Contract — suspensive condition — sale agreement rendered null by non‑fulfilment and absence of written extension; Lease — month‑to‑month tenancy terminated by notice — unlawful occupation; Subleases — a sub‑lessee cannot acquire greater rights than a lessee — relief to regularise rent payments; Pleadings — authority to depose may be proved in replying affidavit.
7 August 2013