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Citation
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Judgment date
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| April 2025 |
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Summary judgment refused where a settlement agreement ambiguously raised an arguable defence affecting mortgage security.
Civil procedure – summary judgment – whether a defence based on a prior settlement agreement is wholly unmeritorious or arguable. Contract interpretation – settlement agreement ambiguity – need for extrinsic evidence to determine scope and effect on security (mortgage bond). Suretyship – enforcement against surety where principal debtor concluded settlement potentially compromising principal obligation.
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30 April 2025 |
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Warrantless arrest was lawful on reasonable suspicion from airborne/GPS identification; subsequent detention lawfully followed prosecutorial and court processes.
Criminal Procedure Act s 40(1)(b) – warrantless arrest – reasonable suspicion must be based on specific, articulable and trustworthy information; airborne/GPS identification and real‑time communication can supply reasonable grounds. s 50 – detention and bringing arrested person to court within 48 hours; Schedule 6 offences and prosecutorial/court processes justify continued detention until evidence considered. Liability for post‑first‑appearance detention requires causal link to police conduct.
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30 April 2025 |
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Court overturns adjudicator's refusal to reimburse homeowners for boundary wall repair due to misinterpretation of HOA rules.
Community Schemes Ombud Service – Appeal of adjudicator’s decision – Reconstruction of common property – Interpretation of HOA Articles of Association.
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30 April 2025 |
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Court allows asset repossession due to breach of sale agreements unexcused by VAT refund issues.
Contract law – Breach of instalment sale agreements – No obligation for creditor to ensure VAT compliance enabling refund claims.
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30 April 2025 |
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Applications challenging LPC decisions were dismissed due to improper affidavits and unsubstantiated claims of irregularities.
Legal Practice Council – investigation of misconduct – proper commissioning of affidavits – reasonable delay in filing judicial reviews
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30 April 2025 |
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The court compelled the respondent to make discovery under Rule 35(7) and declined to decide the respondent's unrelated R100,000 claim.
Civil procedure – discovery – Order compelling discovery in terms of Rule 35(7) granted where no valid impediment shown. Civil procedure – jurisdictional/pleading limits – Court will not adjudicate unrelated monetary entitlement absent a proper application on record. Civil procedure – non-compliance sanction – applicant entitled to seek striking out of defence on same papers if respondent fails to comply. Costs – each party ordered to pay own costs.
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29 April 2025 |
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The court partly granted and partly dismissed an application for reviewing registration and grading decisions under CIDB Regulations.
Administrative law – Judicial review – Condonation of late filing – Procedural fairness in deregistration – Grading upgrade compliance with financial standards.
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29 April 2025 |
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The plaintiff was a passenger, not driver; Road Accident Fund liable for damages.
Civil Procedure - Road Accident Fund claim - Driver identity and negligence - Plaintiff as passenger, not driver - Credibility of plaintiff's witnesses.
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29 April 2025 |
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Court determines the relevance of discovery documents for calculating share value under Rule 35. Plaintiff awarded costs.
Discovery – Relevance of financial and contractual documents for share valuation – Rule 35(3) and 35(7) applications.
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29 April 2025 |
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Estate entitled to past medical expenses and R300,000 general damages; defendant’s delay attracts adverse costs.
Road Accident Fund – concession of liability – transfer of claims to estate after plaintiff’s death – HPCSA qualification of general damages – quantum assessment for lacerations, abrasions, scarring and psychological sequelae – defendant’s delay and adverse costs (attorney-and-client) award.
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29 April 2025 |
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Postponement of parole hearing to verify identity and classification is not reviewable where no final administrative decision exists.
Parole – administrative action – postponement pending verification of identity/nationality and offender classification; PAJA "decision" requirement; Rule 53 record requirement; reviewability; rationality and reasonableness of administrative postponement.
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29 April 2025 |
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A nomination by LOI, conditional on concluding formal agreements, did not create a binding contract; appeal dismissed with costs.
Contract formation — tender/RFQ context; Letter of Intent as nomination not binding where express condition that final award depends on concluded contract; animus contrahendi; parol evidence rule and textual primacy; outstanding material terms (rates, SLA/MLA, quality agreements) preclude contract; waiver and quasi‑mutual assent require clear proof.
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29 April 2025 |
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Court refused rescission for false affidavit, granted leave to appeal to adduce further evidence, and kept the order operative under s18(3).
Family law – child relocation – best interests of the child paramount – s28(2) Constitution; interplay with s18(3) Superior Courts Act. Rescission – fraud/false evidence – requirement that truthful facts would have produced a different outcome. Leave to appeal – admission of further evidence on appeal (s19) – explanation for lateness, prima facie truth and material relevance. Section 18(3) – test of irreparable harm applied to child’s rights, not parents’ rights. Costs – false affidavits attract adverse costs including costs of two counsel.
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29 April 2025 |
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Ownership dispute over leased property items dismissed due to unresolved factual disputes unsuitable for motion proceedings.
Contract Law – Lease Agreement – Ownership dispute over items upon termination – Accession – Interdict and Declaratory Relief – Motion proceedings inappropriate for resolving factual disputes.
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29 April 2025 |
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A layperson may not represent a natural person in the High Court; statutory and common law rules bar such informal representation.
Legal Practice Act 28 of 2014 – right of appearance – only admitted and enrolled legal practitioners may appear in courts where only legal practitioners are entitled to appear. Common law and SCA authority – laypersons may not represent natural persons in court. Section 173 inherent powers and access-to-justice arguments insufficient to displace statutory prohibition. Accountability and professional regulation underpin prohibition on lay representation.
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26 April 2025 |
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Exception to plea upheld as agreement's waiver and non-variation clauses barred the misrepresentation-based claim.
Contract law – Exception – Plea and counterclaim – Validity of waiver and non-variation clauses – Duty of care.
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25 April 2025 |
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Section 163 does not apply to foreign companies; applicant failed to prove oppressive conduct or provide valuation evidence.
Companies Act s163 – applicability to foreign companies; statutory definition of "company" excludes foreign (non-domesticated) entities – valuation and compulsory purchase: applicant must prove value and put issues squarely on affidavits; court will not raise or refer new issues beyond affidavits; acquiescence to transactional terms defeats claim of oppressive or unfairly prejudicial conduct.
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25 April 2025 |
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Court awarded two days' counsel fees against the Fund, refusing to make it liable for earlier waiting days due to allocation delay.
Costs — Counsel’s fees for days counsel was held available due to court allocation delays — Balancing compensation to successful litigant against overburdening paying party — Waiting-time charges and collapse/punitive fees not decided.
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25 April 2025 |
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Urgency in electricity supply restoration due to impact on children's rights and billing dispute.
Municipal law – electricity supply termination – procedural fairness in pre-termination notice – billing disputes and debt collection
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25 April 2025 |
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Appeal allowed; previous convictions for firearm contravention and assault set aside due to procedural errors and uncorroborated evidence.
Criminal law – Firearms Control Act – Misapplication of sections 120(6)(a) and (b) – Inadequate corroboration of complainant's evidence – Appeal upheld.
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23 April 2025 |
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Appellant's conviction under the Firearms Control Act overturned due to lack of credible evidence supporting assault and pointing charges.
Criminal law - Firearms Control Act - distinction between sections 120(6)(a) and 120(6)(b) - requirement for credible evidence and corroboration.
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23 April 2025 |
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Customary marriage proven; unpleaded invalidity defence rejected; alternative agreement to support upheld as basis for loss of support.
Customary marriage established under s3 RCMA; defendant’s unpleaded allegation of prior civil marriage impermissible – must plead confession and avoidance; absence of evidence of prior civil marriage fatal to defence; alternatively contractual duty of support can found loss of support claim; boni mores do not invalidate bona fide support agreement.
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23 April 2025 |
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Court retrains property transfer pending proper inquiry under land conversion laws.
Property law - land ownership rights - inquiry under Conversion Act and ULTRA - review of administrative decision - interim interdict.
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23 April 2025 |
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Provisional sequestration ordered for insolvency due to acts under sections 8(b) and 8(g) of the Insolvency Act.
Insolvency Law – Provisional sequestration – Acts of insolvency – Conflicts between suretyship and guarantee clauses under the ECT Act.
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22 April 2025 |
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Court awards damages for loss of earning capacity after accident, applying the 'thin skull' principle despite pre-existing vulnerabilities.
Delict – Road Accident Fund – Damages – Loss of earning capacity – Pre-existing vulnerabilities – 'Thin skull' principle – Quantum – Contingency deductions – Actuarial evidence – Separation of claims – Referral for general damages.
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22 April 2025 |
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Application struck from roll for lack of jurisdiction; applicant ordered to pay respondent’s costs on party-and-party scale C.
Jurisdiction — court sitting in Gauteng lacks jurisdiction where executor, Master and Registrar of Deeds reside in Bloemfontein; improper service — agent not authorised to accept service; procedural conduct — failure to heed jurisdictional objection in answering affidavit may attract costs; costs — party-and-party scale C ordered.
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22 April 2025 |
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The applicant’s claim is confined to dignitary damages; respondent’s requests for financial and phone records were refused as irrelevant.
Defamation – discovery – relevance of documents to pleaded issues – patrimonial loss must be pleaded to justify inquiry into income/wealth; documents held only in former official capacity not discoverable from ex-officeholder; overbroad cellphone/messaging requests seeking to prove unpleaded dissemination are not discoverable.
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22 April 2025 |
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Applicant lacked standing to challenge transfer after he ceased being executor; application dismissed with costs against him.
• Civil procedure – Locus standi – Only duly appointed executor may institute proceedings on behalf of an estate – personal capacity claim fails where party acted only as executor.
• Civil procedure – Amendment/supplementary affidavits and substitution – Late supplementary founding affidavit cannot cure locus standi without leave, substitution and service on affected parties.
• Civil procedure – Condonation – Late filing of answering affidavit may be condoned in the interests of justice where it raises decisive issues.
• Contract/Property – Occupational interest – Claim for occupational rental lies against seller estate, not against an individual who acted solely as executor.
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22 April 2025 |
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Default judgment refused where a co-defendant’s plea raised a novation-based defence potentially absolving the primary defendant.
Default judgment — court's discretion to refuse — co-defendant's plea raising novation and potential complete defence — claims to be litigated together; Rule 49(1)(c) — timing of request for reasons.
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22 April 2025 |
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Referral to oral evidence ordered to resolve disputed ownership, estoppel and alleged return of a show-jumping horse.
Property/ownership of chattel (horse) — alleged donation v. temporary custody — estoppel by representations — interpretation of WhatsApp messages and voice notes — Rule 6(5)(g) referral to oral evidence where disputes of fact are material and evenly balanced — admission of supplementary affidavits in interests of fairness — exceptional circumstances (emotional attachment and time-sensitive nature of animal) justify expedited trial directions.
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22 April 2025 |
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Municipal defendants liable for open manhole injuries but plaintiff’s contributory negligence reduces recoverable damages by 50%.
Delict – Municipality/road agency liability for uncovered stormwater manhole; legal duty to maintain, foreseeability and negligent omission; causation; contributory negligence and 50% apportionment; requirement for substantiated resource/capacity defence; quantum postponed.
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22 April 2025 |
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Leave to appeal refused where material disputes of fact precluded final interdict for alleged defamation and harassment.
Civil procedure – interdictory relief – defamation, injurious falsehood and harassment – final interdict precluded where material disputes of fact exist on the papers; pleadings may set out facts constituting a truth defence without formal labelling; non-disclosure in ex parte application not outcome-determinative.
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17 April 2025 |
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Court rules in favor of plaintiff against RAF, confirming valid claim and awarding compensation for loss of earnings.
Road Accident Fund – Lodgement and prescription of claims – Liability for damages – Substantial compliance required for valid claim.
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17 April 2025 |
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Interim relocation orders amid divorce proceedings remain effective if exceptional circumstances prevent suspension pending appeal.
Family Law – Children's relocation – Interim orders – Appeal and suspension of orders – Exceptional circumstances justifying interlocutory order enforcement.
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15 April 2025 |
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Court refused contempt application and varied maintenance order due to respondent's proven inability to pay as originally ordered.
Contempt of court – Rule 43 maintenance orders – variation of maintenance order – respondent’s inability to pay – effect of changed financial circumstances on compliance and contempt proceedings.
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15 April 2025 |
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Demolition relief became academic after municipal regularisation; court denied postponement and ordered first respondent to pay costs.
Planning/building control — Alleged unauthorised additions — In loco inspection and municipality’s occupancy certificate — Whether demolition relief academic once works regularised; procedural law — Applicant must plead case in founding affidavit; cannot expand case in argument or rely on answering affidavit to introduce new issues; postponement sine die and oral evidence on opposed motion refused where prejudicial and outside pleadings; costs awarded against respondent for unauthorised building work.
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14 April 2025 |
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Prosecutions for apartheid‑era crimes under customary international law are imprescriptible and may proceed under section 232 of the Constitution.
Criminal procedure – section 85 objection – prescription under s18(1) Criminal Procedure Act – s232 Constitution – customary international law – crimes against humanity and apartheid imprescriptible – principle of legality – NPA’s title to prosecute despite TRC referral delays and political interference.
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14 April 2025 |
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The court dismissed a mother's application to relocate children to Israel, considering their best interests in the context of prevailing safety concerns.
Family law – Relocation of minor children – Best interests of the child – Evaluation of safety and stability in relocation destination.
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14 April 2025 |
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Relocation of minor children to Israel denied due to safety concerns and lack of stable support systems.
Family law – Relocation of minor children - Best interests of the child - Impact of conflict and stability in relocation considerations.
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14 April 2025 |
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Urgent spoliation claim dismissed because restoration was impracticable due to unjoined third‑party occupation.
Mandament van spolie – possession versus mere access; control of keys/safekeeping as incident of possession; requirement that restoration be practicable; effect of non-joinder of third party occupying premises.
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12 April 2025 |
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Applicant failed to show a prima facie right or unlawful misrepresentation; derivative relief under s165 refused.
• Interim interdict – prerequisites: prima facie right, irreparable harm, absence of alternative remedy, balance of convenience – Webster v Mitchell approach. • Misrepresentation/unlawful competition – falsity, knowledge, causation, intent required. • Restraint of trade – enforceability unless shown unreasonable; burden on party resisting restraint. • Companies Act s165(5)(b) – derivative actions require good faith, serious question of material consequence, and best interests of the company.
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12 April 2025 |
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PRASA not negligent; passenger assumed risk by attempting to board a moving train.
Transport Law – Personal Injury – Passenger Rail Services – Negligence and duty of care – Volenti non fit injuria – Contributory negligence.
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11 April 2025 |
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Court allows late counterclaim introduction despite objections on prescription grounds for resolution during trial.
Civil Procedure - Rule 24 Applications - Introduction of Counterclaim - Prescription handling in interlocutory proceedings.
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11 April 2025 |
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Director's removal set aside for non-compliance with notice and representation rules in the Companies Act.
Corporate law - Removal of company director - Compliance with Companies Act requirements - Notice and representation rights under sections 65, 71, and 63.
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11 April 2025 |
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Leave to appeal refused: Rule 38(2) expert affidavits are not conclusive; trial court’s quantum and approach were reasonable.
Leave to appeal — s 17(1)(a)(i) Superior Courts Act — reasonable prospects of success standard; Expert evidence — Rule 38(2) affidavits do not become conclusive; Expert opinion must have factual foundation and reasoning; Actuarial reports and globular awards permissible for impairment of earning capacity; Quantum of general damages lies within trial court’s discretion.
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10 April 2025 |
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A business rescue practitioner’s appointment cannot be set aside without joinder and notice to affected creditors.
Companies law – Business rescue – Challenge to appointment of business rescue practitioner – Joinder necessary before setting aside appointment; procedural fairness requires proper notice to affected creditors; reliance on CIPC records and s129(3)-(4) compliance cannot be determined without parties properly before the court.
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10 April 2025 |
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Summary judgment granted against both companies; executrix not required and death of director not a defence to company debts.
Civil procedure – opposed summary judgment – non‑joinder of executrix of deceased director – companies as separate juristic persons – death of director not a defence to company debts – refusal of postponement for last‑minute offer – declaration of properties specially executable – costs on attorney‑and‑client scale.
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10 April 2025 |
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Applicants failed to obtain a final interdict due to disputes of fact, delay and an existing protection order.
Interdict — final relief — requirements: clear right, injury committed or reasonably apprehended, absence of adequate alternative remedy; urgency intertwined with merits; Plascon-Evans rule on disputes of fact; inadmissibility of new matter in reply; Protection from Harassment Act protection order as alternative remedy.
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9 April 2025 |
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Court lack of locus standi in post-eviction property application due to outstanding eviction order.
Civil Procedure - Eviction Order - Locus Standi - Compliance with Court Orders - Unlawful Occupation
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9 April 2025 |
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Court preserved the shareholding status quo and ordered register rectified after finding the alleged allotment likely unlawful and oppressive.
Companies Act – validity of share allotment – dispute as to authentic MOI and application of s18(2); Companies Act s40(1)(a) – board must determine ‘adequate consideration’ for issued shares; Companies Act s163 – oppressive or unfairly prejudicial conduct via dilution of minority shareholding and loss of veto; Urgent procedure – factual disputes about MOI not resolvable on motion; Remedy – rectification of share register and costs.
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8 April 2025 |