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Citation
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Judgment date
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| August 2022 |
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SUMMARY
CIVIL PRACTICE AND PROCEDURE: Application for leave to appeal a dismissed application- whether tenable- A dismissed application incapable of being stayed- Application for leave dismissed with costs.
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18 August 2022 |
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SUMMARY
DEBT RECOVERY- In an action for recovery of money for goods sold and delivered and where the defendant raises a special defence- the onus of proving the special defence is on the defendant- Postponement of proceedings- Principles applicable re-stated and applied.
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18 August 2022 |
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SUMMARY:
Application for Summary Judgment – Defendant moving the Court to ignore particulars of claim attached to the summons in considering the application – The propriety of Applicant’s reliance on evidential documents attached to the summons considered – Application for summary judgment granted.
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18 August 2022 |
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SUMMARY
Urgent application – Practice - Is there urgency? – Abuse of Court process, what constitutes.
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5 August 2022 |
| July 2022 |
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28 July 2022 |
| June 2022 |
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Summary
Rescission and intervention – Applicant refusing to release lease for a plot sold pursuant to a writ of execution – Lease surrendered to the applicant as security for money lent to judgment debtor – Applicant seeking rescission and intervention in the main matter – Applicant failing to meet the direct and substantial interest test with respect to the main matter – Application for rescission and intervention dismissed.
Counter – application – A plot hypothecated through an agreement between judgment debtor and micro finance lender – Judgment creditor applying for the agreement to be declared illegal and unlawful and for the release of a lease in respect of the plot – The agreement of no force and effect as it offends sec 28 of the Deeds Registry Act No. 12 of 1967 – Counter – application granted.
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14 June 2022 |
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Summary
Law of agency – A deed of sale of land signed by agent and third party – Agent clothed with power of attorney by principal to sell land – Third party paying full amount agreed with the agent – Agent failing to remit the full amount to the principle – Principal refusing to transfer land to the third party – Whether the principal is liable to the third party – Principal is liable to the third party and cannot escape liability on the ground that he did not sign the deed of sale or that he did not receive the full amount from the agent.
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10 June 2022 |
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SUMMARY
CIVIL PRACTICE: Approach to points in limine re-stated and applied- Matter dismissed on the bases of untenability of a declarator and lack of locus standi in judicio.
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9 June 2022 |
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SUMMARY
LAW OF CONTRACT: Presence of arbitration clause in the contract- whether it ousts the jurisdiction of the court to hear an arbitrable issue- Held, it does not as the aggrieved party must apply in terms of section 7 of the Arbitration Act of 1980 for a stay of proceedings pending arbitration- A party electing to abide by the contract through its conduct despite the presence of its breaches- whether later he/she can rely on the same apparent breaches when he elected to be bound, as the basis for seeking cancellation of the contract- Held in the negative.
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9 June 2022 |
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9 June 2022 |
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SUMMARY
Respondent failing to file opposing affidavit – No condonation application - Matter enrolled in uncontested roll – Application for postponement to file condonation denied – urgency of the matter still key - Interdict
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1 June 2022 |
| May 2022 |
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Summary
Tender – Fairness and audi alteram partem rule apply in resolving complaints regarding tender award – Affected party entitled to opportunity to make representations before adverse decision to re-evaluate a tender is made.
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23 May 2022 |
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SUMMARY
TAXATION: Appellants appealing against the judgment of the Revenue Appeals Tribunal to recognise the respondent as an expatriate within the meaning of the term in the Income Tax Act 1993 (as amended) and Agreement on Phase II the Lesotho Highlands Water Project- Held, upon interpreting the legal provisions implicated, that the respondent is an expatriate- Appeal accordingly dismissed with costs.
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12 May 2022 |
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SUMMARY
CIVIL PRACTICE: Arbitration- application for stay of proceedings pending arbitration in terms of Arbitration Act of 1980- The applicant having raised court’s lack of jurisdiction as a preliminary point- whether such constituted the taking of a further step in terms of section 7 of the Arbitration Act- Held, such a move does not amount to taking a step in the proceedings so as to deny the applicant an opportunity to apply for a stay of proceedings pending arbitration- Consequently, arbitrable issues referred to arbitration and the question of the review of the decision to award the work to the 3rd respondent in the main application, left aside to be tried before the court.
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12 May 2022 |
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5 May 2022 |
| April 2022 |
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Summary
Urgent applications – self created urgency – application for temporary interdict without proper notice – litigation involving termination of fuel supply agreement – applicant being aware of the impugned notice of termination of the agreement three months before institution of urgent application – applicant failing to account for the delay in the founding papers – elements of interdict discussed – failure to satisfy elements of interdict - interim relief refused.
Costs on attorney and client scale – Institution of urgent application on one court day notice despite the request for proper notice by the respondent two months before the urgent application was instituted – Applicant’s conduct objectionable – Costs on attorney and client scale ordered.
Costs de bonis propriis – grounds discussed – the notice of motion in breach of rule 8(7) and 8(8) of High Court Rules 1980 without justification and despite repeated warnings from the Court of Appeal and the High Court – Court file having countless blank pages, thus making reading experience cumbersome – Legal practitioners negligent in a serious degree by abdicating their responsibility to ensure the file was court ready – legal practitioners conducted themselves in a manner deserving of punitive costs. .
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29 April 2022 |
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SUMMARY:
Judgments and orders – Rescission – A claim for compensation arising out of breach of contract – Court granting default judgment without evidence being tendered – High Court Rule 45(1) – Whether an order erroneously granted.
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27 April 2022 |
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23 April 2022 |
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SUMMARY:
Application in terms of Rule 30(1) of the High Court Rules of 1980 – Applicant claiming that respondents took an improper or irregular step – Respondents having not complied with the request for further particulars instead lodged application for Summary Judgement – Applicant claiming that the respondents should have first provided the requested particulars and that the summary judgment application was set down for hearing less than seven days from the date of its delivery – Summary judgement application set aside as improper or irregular step for want of proper notice.
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11 April 2022 |
| March 2022 |
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Summary
Civil procedure-notice to file further affidavits in terms of Rule 8(12 )- notice served with the founding affidavit in terms of which rescission and other relief sought - whether this rule may be utilized by an applicant who prematurely files an application before a cause of complaint arises- as a result founding affidavit lacking facts to support the reliefs sought - whether this rule could be invoked to make good counsel’s remissness in handling a matter - the purpose of the Rule restated - application insupportable on the facts of the matter - application procedurally defective and misconceived.
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21 March 2022 |
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SUMMARY
CIVIL PRACTICE: Applicant lodging an application in circumstances where material dispute of facts reasonably foreseeable- Application dismissed on this basis alone, with costs.
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17 March 2022 |
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SUMMARY
CIVIL PRACTICE: Appeal against the decision of magistrate issuing final orders without first affording the appellant a hearing and for having based his judgment on issues not foreshadowed in the pleadings- Held, appeal must succeed on these grounds
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17 March 2022 |
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SUMMARY
ADMINISTRATIVE LAW: Judicial review based on rationality of the decision of the 1st respondent to award the tender to the 3rd respondent despite critical shortcomings in its technical bid- Principles applicable to rationality review considered and applied.
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14 March 2022 |
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Summary
Application for summary judgement - Rule 28(3)(b) requirements restated - defendant making bald assertions of their defense – failing to meet the requirements of the rule - application for summary judgement granted
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4 March 2022 |
| February 2022 |
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SUMMARY:
Application – Application to suspend execution of Minister’s decision to terminate mining lease – whether it’s a prayer for specific performance or temporary interdict – Prayer for specific performance has its foundation from breach of contract which must be pleaded – A prayer mischaracterised and refused absent some of the requirements of temporary interdict.
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25 February 2022 |
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SUMMARY:
Jurisdiction – Commercial Court established to hear disputes arising out of commercial or business transactions – Refusal to issue a building permit cannot be classified as restraint of trade or a dispute arising out of a commercial or business transaction – Commercial Court lacking jurisdiction to issue writ of mandamus against Government to issue a building permit.
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22 February 2022 |
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SUMMARY
Proceedings against Government – It is sufficient to cite Attorney General in his nominal capacity where Government is sued – Where Attorney General is cited, it is not necessary but convenient for purposes of ensuring compliance to cite a Minister instead of a Ministry or Department.
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12 February 2022 |
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SUMMARY:
Interim Interdict: requirements discussed – applicant failing to demonstrate absence of any other satisfactory remedy – application dismissed.
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9 February 2022 |
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Summary
Ex parte application – applicant failing to be ultra – scrupulous in obtaining interim relief and pursuing meritless application – such conduct attracting discharge of the rule nisi with punitive costs.
Tacit hypothec – principles discussed – failure to prove rentals owing – application dismissed.
Costs de bonis propriis – responsibility of Counsel towards Court vis a vis his client – Counsel mulct with costs for twisting the facts and assisting client to pursue unarguable case.
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9 February 2022 |
| December 2021 |
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SUMMARY
CIVIL PRACTICE: Application for summary judgment- whether it is permissible for the applicant to lodge same after the respondent had filed the plea- Held, it is permissible to do so, - Respondent failing to show that she has a bona fide defence, summary judgment granted with costs.
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15 December 2021 |
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Summary
Rescission of summary judgment- Rule 45(1)(a) -Judgment granted in the absence of the applicant in circumstances where the applicant had not filed affidavit to resist summary judgment application - Order not erroneously sought or granted.
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10 December 2021 |
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Summary
Company law – a company is a separate legal person from its shareholders – property vested in a company cannot be regarded as vested in shareholders – shareholders do not have a right to company’s bank accounts and buildings – such right is deferred until winding up and is subject to claim by other creditors – interim interdict to freeze the accounts of a company at the instance of shareholders refused.
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8 December 2021 |
| November 2021 |
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SUMMARY:
Interdict pendente lite – financial considerations alone not enough to justify urgency – Applicant still required to state why it could not be afforded a substantial relief in a hearing in due course – requirements for temporary interdict need to be demonstrated and assessed in conjunction with one another
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26 November 2021 |
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SUMMARY:
Contract – Payment for work done and building material – Plaintiff’s claim prescribed – Plaintiff in replication alleging that prescription interrupted by demands - Onus on the Plaintiff to prove allegations in replication – The date the cause of action prescribed is pleaded and not issuably denied – judicial admission of fact is conclusive and does not require evidence.
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17 November 2021 |
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SUMMARY:
Judgments and orders – Rescission – Court granting default judgment in disregard for appearance to defend and exception which were entered out of time – High Court Rule 45(1) – Whether an order erroneously granted.
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9 November 2021 |
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9 November 2021 |
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SUMMARY:
Costs – Attorney and client costs – Agreement by party to pay attorney and client costs – Plaintiff entitled to make such a claim – Onus on defendant to raise grounds and circumstances in support of an objection to making an order in terms of the agreement - Principles discussed.
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8 November 2021 |
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8 November 2021 |
| October 2021 |
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26 October 2021 |
| August 2021 |
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26 August 2021 |
| March 2021 |
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26 March 2021 |
| February 2021 |
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25 February 2021 |
| October 2020 |
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15 October 2020 |
| August 2020 |
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17 August 2020 |
| October 2019 |
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31 October 2019 |
| April 2019 |
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12 April 2019 |
| March 2019 |
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14 March 2019 |
| February 2019 |
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14 February 2019 |
| September 2017 |
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28 September 2017 |
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28 September 2017 |