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High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

3 judgments
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3 judgments
Citation
Judgment date
November 2010
Meer NO and Others v Nelesco 655 (Pty) Ltd t/a Kenprint and Others (5994/2010) [2010] ZAKZDHC 58 (19 November 2010)
A mortgagee with a power of attorney cannot oppose eviction or litigate for the mortgagor without proper joinder or intervention.
Company law – separate juristic personality – directors’ personal admissions do not bind the company; Security law – mortgagee with power of attorney and perfected notarial bond – limits of authority to act in litigation on behalf of mortgagor; Civil procedure – non‑party/mortgagee must intervene to oppose summary judgment; Costs – improper opposition by non‑party attracts liability for costs.
 19 November 2010
Gaap Point of Sale (Pty) Ltd v Valjee NO and Others (953/2010) [2010] ZAKZDHC 51 (1 November 2010)
Reported
Tenant’s amendments amounted to a counter-offer, so no written lease existed and declaratory relief was inappropriate amid disputed facts.
Contract/lease formation – counter-offer destroys original offer – Hyde v Wrench principle applied; acceptance must be clear and unambiguous. Motion proceedings – Plascon-Evans rule: disputes of fact may preclude grant of relief on affidavit. Declaratory relief – applicant must show a clear, real right and interest; ongoing negotiations and factual dispute defeat declarator. Costs awarded where applicant proceeds despite known disputes of fact.
 1 November 2010
PFE International Inc (BVI) and Others v Industrial Development Corporation of South Africa Ltd (4663/2010) [2010] ZAKZDHC 63 (1 November 2010)
Reported
PAIA applies to third‑party records sought for pending litigation where the rules of court do not provide a contemporaneous avenue for production.
Access to information – Promotion of Access to Information Act (PAIA) – section 7(1) exclusion for records requested for pending proceedings – meaning of "provided for in any other law" – Uniform Rule 38(1)(a) subpoena duces tecum not displacing PAIA where no trial date fixed – public body obligations and section 23 notices where records cannot be found.
 1 November 2010