|
Citation
|
Judgment date
|
| July 2025 |
|
|
Court awards R800,000 for unlawful arrest and detention due to disregard for plaintiff's rights and traumatic incarceration.
Unlawful arrest and detention – Quantum of damages – Assessment of psychological impact and duration of detention – Punitive costs imposed on State due to conduct.
|
16 July 2025 |
|
The respondent company was ordered into final liquidation for insolvency and inability to pay debts.
Company Law – Winding up – Insolvency and inability to pay debts – Genuine and bona fide defense requirements.
|
15 July 2025 |
|
Procedural non-compliance in party substitution led to the discharge of a rule nisi for sequestration.
Civil procedure – substitution of parties – sequestration – compliance with procedural rules for party substitution.
|
14 July 2025 |
|
Court upholds pension fund's discretion to allocate death benefits solely to nominated dependent.
Pension law – Death benefits – Dependants and nominees – Section 37C of the Pension Funds Act – Discretion in distribution of death benefits – Dependency evidence required.
|
14 July 2025 |
|
Court orders provisional liquidation of respondent due to insolvency and misconceived cession defense.
Commercial insolvency - Company winding up - Insolvency application under the Companies Act 61 of 1973 - Misconceived cession defense
|
10 July 2025 |
|
Court addresses procedural non-compliance and professional misconduct in foreclosure applications under Rule 46A.
Foreclosure proceedings – Non-compliance with Rule 46A – Valuation standards – Professional conduct of legal practitioners – Judicial oversight required.
|
9 July 2025 |
|
Application for leave to appeal dismissed due to lack of reasonable prospects and compelling reasons under Section 17 of the Superior Courts Act.
Application for leave to appeal – locus standi – determination of applicant’s capacity – Superior Courts Act. Section 17(1)(a) – reasonable prospect of success. Mont Chevaux Trust standard for appeals.
|
8 July 2025 |
|
The court granted a final winding-up order due to fraudulent misrepresentation by the company leading to creditor payments.
Company law – Application for winding up – Just and equitable grounds – Misrepresentation by company to creditors – Procedural rectification under Companies Act changes.
|
8 July 2025 |
|
The court confirmed contract cancellations due to non-performance and returned assets, emphasizing party responsibilities in agreement accuracy.
Commercial Law – Instalment sale agreements – Validity of contract cancellation – Responsibility for inclusion of VAT information.
|
8 July 2025 |
|
The application for leave to appeal orders in matrimonial and trust matters was dismissed due to lack of merit.
Family Law – Interim Orders – Appealability – Management of Family Trust – Costs Order Discretion
|
7 July 2025 |
|
Court affirmed eviction order due to respondent's substantial rental arrears and insufficient defense in eviction proceedings.
Eviction - Arrear rental - Just and equitable eviction - Respondent's knowledge and participation in proceedings.
|
7 July 2025 |
|
Court confirms punitive costs against attorneys for filing misleading affidavits in trustees' removal proceedings.
Legal responsibility – Professional misconduct – Affidavits – Punitive costs and de bonis propriis costs against attorneys for false and unfounded allegations.
|
7 July 2025 |
|
The court declared the voluntary winding-up of a corporation void due to non-compliance with statutory requirements and collusive creditor preference.
Insolvency law - voluntary winding-up - special resolution compliance - collusive preference - creditors' rights
|
4 July 2025 |
|
Court nullified invalid business rescue proceedings; granted provisional winding-up and interdict due to procedural non-compliance.
Business rescue proceedings - Validity of commencement; Creditor status in insolvency proceedings; Interdictory relief to protect creditor rights.
|
4 July 2025 |
|
Court denies urgent application to reinstate bank services due to lack of urgency and available alternative remedy.
Banking law – Master services agreement – Urgent application for reinstatement of EFT services – Urgency – Alternative remedies – Final interdict.
|
4 July 2025 |
|
A voluntary winding-up resolution's non-compliance with statutory requirements and fraudulent intent led to its invalidation.
Close Corporations – Voluntary winding-up – Compliance with statutory requirements – Fraudulent schemes in liquidation proceedings.
|
3 July 2025 |
|
Harassing language by a male manager against a female employee justified a protection order for dignity violation.
Protection from Harassment - workplace conduct - language causing fear and distress - violation of dignity - upholding a protection order
|
2 July 2025 |
|
Court authorizes system shutdown for maintenance amid payment disputes and unauthorized interference by respondents.
Commercial Law – Urgent application for system deactivation – Interference with electricity supply system – Payment defaults – Final interdict granted.
|
2 July 2025 |
|
Appeal court rules hearsay evidence inadmissible, overturning judgment in a contractual authority case.
Hearsay evidence admissibility in contract disputes; authority to conclude agreements; burden of proof in civil cases.
|
2 July 2025 |
|
The court held compensation, rather than demolition, was appropriate for a longstanding boundary encroachment.
Property law – Boundary wall encroachment – Common law removal rights – Equitable discretion on compensation.
|
2 July 2025 |
|
The court postponed loss of earnings claim due to outdated medical reports and granted future medical expenses undertaking.
Road Accident Fund – Default judgment – Stale medico-legal reports – Impact of illegal status on contingencies – Future medical undertaking granted.
|
1 July 2025 |
| June 2025 |
|
|
Application for leave to appeal dismissed due to lack of reasonable prospects of success as per Section 17 of the Superior Court Act.
Civil Procedure – Leave to appeal – Reasonable prospects of success – Section 17(1) Superior Court Act – Leave to appeal denied.
|
30 June 2025 |
|
Court rules plaintiff's arrest lawful under section 40(1)(a), dismissing claim for damages due to alleged unlawful detention.
Criminal Procedure – Lawfulness of arrest and detention – Interpretation of section 40(1)(a) of the Criminal Procedure Act.
|
30 June 2025 |
|
Northbound entitled to licence release despite a contested business sale; AI misuse in legal citing referred for investigation.
Administrative Law - Mandamus compelling regulatory body to release refining licence when statutory issuance requirements have been met - Precautionary withholding in face of contested sale of business
|
30 June 2025 |
|
Court ordered release of refining licence to Northbound amid ongoing dispute about business sale validity.
Commercial law – Interim mandamus sought to compel regulatory action – Urgent relief – Validity of sale and statutory compliance under Companies Act.
|
30 June 2025 |
|
Affixing a section 129 notice at consumer's location constitutes proper delivery under the National Credit Act.
Credit law – National Credit Act – delivery of section 129 notice – interpretation of delivery requirements under section 129(5)(b).
|
30 June 2025 |
|
Application for rescission dismissed as applicant failed to demonstrate a bona fide defense against admitted contractual breach.
Civil Procedure – Rescission of default judgment – Rule 31(2)(b) – Defendant's obligation to show bona fide defense – Misunderstanding legal process not sufficient for rescission.
|
29 June 2025 |
|
Applicants lacked authority to halt property sale due to vested interests in insolvent estate under Insolvency Act.
Insolvency law - Authority to institute proceedings - Section 21 of the Insolvency Act - Locus standi and property rights in insolvency cases
|
27 June 2025 |
|
The court upheld jurisdiction based on contractual consent, dismissing jurisdictional and suretyship challenges.
Jurisdiction – Consent by prior agreement – Peregrine defendants and jurisdictional consent – Suretyship document compliance with statutory requirements.
|
27 June 2025 |
|
Application for leave to appeal dismissed, interlocutory order not appealable, costs awarded on punitive scale.
Civil Procedure – application for leave to appeal – interlocutory order – lack of proper evidence introduction – punitive costs.
|
27 June 2025 |
|
Default judgment rescinded due to procedural error in suretyship agreement under Rule 42(1)(a).
Civil procedure – Rescission of default judgment – Unrectified suretyship – Procedural error under Rule 42(1)(a).
|
27 June 2025 |
|
Application for leave to appeal contact order between grandparents and child dismissed due to lack of merit.
Family Law – Grandparent rights – contact with grandchildren – best interests of the child – mediation and expert evidence requirements.
|
27 June 2025 |
|
Court holds defendant 100% liable for damages from a child's accident, awarding future loss and stipulating a trust fund.
Road Accident Fund – Damage compensation – Liability admitted – Assessment of expert testimonies for general damages and loss of earnings.
|
27 June 2025 |
|
The respondent is in contempt for making defamatory social media posts in violation of a court order.
Contempt of court – Civil contempt – Defamatory social media posts – Compliance with court orders – Fair comment and freedom of expression.
|
27 June 2025 |
|
Guarantor obligations are independent and enforceable irrespective of existing judgments against other guarantors.
Contract law – guarantees – obligations of guarantor independent of principal debtor – enforcement of settlement agreements – joint and several liability – principle of pacta sunt servanda.
|
27 June 2025 |
|
Defendant's false criminal complaint led to plaintiff's defamation, resulting in damages and referral to Legal Practice Council.
Defamation and Malicious Prosecution - False complaint to police - Damages awarded for reputational damage - Legal Practice Council review.
|
26 June 2025 |
|
Court dismisses tenant's claims for property improvements and upholds rental arrears debt of R 896,000.
Landlord-Tenant dispute - right of first refusal - rent escalation - property improvements - unjust enrichment claim.
|
25 June 2025 |
|
Application for leave to appeal summary judgment dismissed due to lack of bona fide defenses and reasonable prospects.
Civil procedure - leave to appeal - summary judgment - mortgage bond registration - summary judgment and access to justice
|
25 June 2025 |
|
Plaintiff injured due to open train doors and successfully claimed negligence against the train operator.
Railway Law – Liability for commuter injuries – Open train doors – Negligence and assumption of risk – Contributory negligence defense rejected.
|
25 June 2025 |
|
Unlawful arrest, detention, and malicious prosecution resulted in a R1.5 million damages award.
Civil procedure - unlawful arrest and detention - malicious prosecution - damages assessment - procedural compliance in civil claims against the state.
|
25 June 2025 |
|
Court confirms enforceability of restraint of trade against employee joining competitor, adjusts duration to 12 months.
Employment Law – Restraint of Trade – Breach of Confidentiality – Enforcement and Reasonableness of Restraint Clauses.
|
25 June 2025 |
|
The City of Johannesburg's appeal against an unlawful Property Rates Policy was dismissed due to inadequate public participation.
Constitutional Law – Property Rates Policy – Administrative justice – Public participation – Best interests of the child – Leave to appeal
|
24 June 2025 |
|
Urgency in preventing an aircraft sale not substantiated; seller's rights upheld under contract addendum.
Civil procedure – Urgent application – Requirement of urgency – Establishing a prima facie right – Contractual rights in sale agreements.
|
24 June 2025 |
|
Court awarded damages for medical expenses and loss of income following a motor vehicle accident.
Personal injury – Motor vehicle accident – Damages for past medical expenses, future medical care, and loss of income – Assessment of career impact by injuries.
|
24 June 2025 |
|
An urgent anti-dissipation interdict was granted to preserve property sale proceeds pending sequestration proceedings.
Civil procedure – Urgent application – Anti-dissipation interdict – Preservation of sale proceeds – Sequestration proceedings
|
24 June 2025 |
|
Court finds no enforceable acknowledgment of audit fees debt in correspondence between parties.
Contract Law – Acknowledgment of debt – Requirements for acknowledgment to be enforceable – Dispute over audit fees.
|
23 June 2025 |
|
Urgency application dismissed; no prima facie right to stay execution; punitive costs for lack of urgency. Legal grounds unsubstantiated.
Execution – Urgency – Attachment of movable property – Ownership dispute – Interpleader proceedings – Constitutional rights – Best interests of minors – Costs order.
|
23 June 2025 |
|
Plaintiff entitled to payment and interest; defendant’s counterclaim dismissed for lack of evidence.
Contract Law – Specific Performance – Breach of Contract – Evidence and Credibility in Dispute Resolution – Counterclaim Dismissal for Lack of Evidence
|
23 June 2025 |
|
Court grants father primary care, pending assessment, with the mother having unsupervised access based on conditions.
Family law – Child custody – Variation of existing custody orders – Best interests of child as paramount consideration – Allegations of parental alcohol abuse.
|
20 June 2025 |
|
Court awards damages for loss of income firm based on actuarial evidence rather than speculative estimation.
Damages – Road Accident Fund – Assessment of Loss of Income – Application of Actuarial Calculations over Speculative Estimations.
|
20 June 2025 |
