TELLYTRACK v MARSHALLS WORLD OF SPORT (PTY) LTD & OTHERS (971/2018) [2019] ZASCA 153

BACKGROUND On or about 25 November 2019, The Supreme Court of Appeal (“the SCA”) upheld an appeal against an order of the KwaZulu-Natal Division of the High Court, Durban. The appeal was lodged by Tellytrack, a partnership between Phumelela Gaming and Leisure Limited, Gold Circle (Pty) Ltd and Kenilworth Racing (Pty) Ltd. In the court
Read more
No Comments

Starways Trading v Pearl Island Trading (232/2018) [2018] ZASCA 177 (3 December 2018)

SUMMARY In this case, the First Appellant (“Starways”) (in liquidation), entered into a written contract with the First Respondent (“Pearl”) in terms of which Starways sold 25 000 metric tonnes of imported sugar to Pearl (“the sugar contract”).   The terms of the sugar contract provided that the first consignment of sugar would be delivered
Read more
No Comments

Minister of Defence and Military Veterans v Maswanganyi [2019] ZASCA 86 (31 May 2019) (739/18)

SUMMARY On or about 31 May 2019, the Supreme Court of Appeal (the “SCA”) upheld an appeal against a judgment and order of the Gauteng Local Division of the High Court, Pretoria (Raulinga J, sitting as court of first instance) (the “High Court”). The matter concerned itself with the interpretation of s 59(1)(d) of the
Read more
No Comments

South African Local Authorities Pension Fund v Mthembu & Another (20649/2015) [2015] ZASCA 205 (3 December 2015)

SUMMARY On 3 May 1997, the First Respondent became entitled to claim a child pension benefit from the Appellant on behalf of her daughter (“Mbali”), upon the death of her husband, who was a member of the Appellant.   The Appellant’s Pension Fund Rules (“the Rules”) contained a clause which prohibited the granting of a
Read more
No Comments

State Information Technology Agency SOC Limited (SITA) v ELCB Information Services (Pty) Ltd & another (995/16) [2017] ZASCA 120

SUMMARY The appeal in casu was a result of a  dismissal of a review application brought by State Information Technology Agency SOC Ltd (SITA) (“the Appellant”) , against ELCB Information Services (Pty) Ltd (“ the First Respondent”) and Leon Dicker NO(“the Second Respondent”).   The court a quo also granted a counter-application by the First
Read more
No Comments

Magoswana v Road Accident Fund (2467/2010) [2019] ZAECGHC 49 (23 April 2019)

SUMMARY Bongani Magoswana (the “Plaintiff”) instituted action against the Road Accident Fund (the “Defendant”) for the payment of damages arising from injuries sustained by the Plaintiff in a motor vehicle accident which occurred on 22 August 2007.  The Plaintiff alleged, in his particulars of claim, that he was a passenger in a Mercedes-Benz motor vehicle
Read more
No Comments

De Klerk v Ferreira and Others (35391/14) [2017] ZAGPPHC 30; 2017 (3) SA 502 (GP) (2 February 2017)

SUMMARY Dr BJ de Klerk (“De Klerk“) and Mr MJ Ferreira (“Ferreira“) held equal membership interests in Plantsaam Bestuurdienste CC (“Plantsaam“) and equal shares in Benjo Eiendomme (Pty) Ltd (“Benjo”) (herein collectively referred to as the “Entities”). De Klerk and Ferreira were the only members and shareholders of the Entities.   Certain agricultural land was
Read more
No Comments