Case summary written by Blake Liam Hamilton and checked by Khotso Mmatli. Background On 13 October 2017, Bruce Gordon McMillan (“the “Appellant”) instituted an action in the Eastern Cape Division of the High Court, East London (the “Court a quo”), against Bate Chubb & Dickson Incorporated (the “Respondent”) for damages for breach of an oral
Case summary written by Blake Liam Hamilton and checked by Khotso Mmatli. 25 February 2021 Background The matter concerns an application for leave to appeal brought by the first Respondent (“Umalusi”) against an interlocutory ruling of the High Court of South Africa, Gauteng Division, Pretoria (the “Court”) refusing Umalusi permission to file a further affidavit.
BACKGROUND The case before the High Court of South Africa, Limpopo Division, Polokwane concerns a written Acknowledgement of Debt (the “AOD”) entered into on 22 December 2017, between Mr. Barend Jacobus, representing Diesel Direct (Pty) Ltd (the “Applicant”), and Mr Delmar Nortje, representing Total Vaalwater (the “Respondent”), for the amount of R208 215. 97 for
BACKGROUND AND SUMMARY The appellant is NW Contractors CC. The first respondent is Anton Romaano Inc, a Law firm and the appellant’s erstwhile attorneys of record. The acrimony between the parties stems from a dispute between the parties over legal fees allegedly owed to the first respondent arising from representing the appellant in litigation against
BACKGROUND AND SUMMARY On or about 16 July 2001, the first appellant, Visagie & Associates CC duly represented by the second appellant Mr Mullard Visagie (hereinafter together referred to as the “appellants”) entered into a lease agreement with Small Enterprise Finance Agency Ltd (the “respondent”). In terms of the lease agreement, the rentals were payable
BACKGROUND AND SUMMARY In 1999, two sisters created an inter vivos trust known as the Arathusa Family Trust (the “Trust”). The Trust is the sole shareholder of a company called Manyeleti (Pty) Ltd (the company), which owns a farm that is part of a game reserve. The three trustees appointed in terms of the trust
BACKGROUND AND SUMMARY This matter concerns an urgent application for direct leave to appeal to the Constitutional Court against the judgment of the High Court of South Africa, Western Cape Division, Cape Town (the “High Court”) delivered on 17 April 2019. On 17 September 2018, the Applicants approached the High Court on an urgent basis
BACKGROUND AND SUMMARY This case went on appeal to the Supreme Court of Appeal (the “SCA”) wherein the SCA upheld an appeal against the decision of the High Court of South Africa, Gauteng Division, Pretoria (the “Court”). The issue before the SCA was whether or not the suretyship covered the liabilities arising under two agreements,
BACKGROUND AND SUMMARY Concerned with (i) the increasing tendency by litigants, mainly banks and other financial institutions, to enrol in the High Court, foreclosure applications with amounts falling within the jurisdiction of the Magistrates’ Court; and (ii) litigants taking advantage of the concurrent jurisdiction between the High Court of South Africa, Gauteng Division, Pretoria (the
BACKGROUND AND SUMMARY The Supreme Court of Appeal (the “SCA”) recently upheld a decision of the High Court of South Africa, Gauteng Local Division, Johannesburg (the “court a quo”), concerning a decision adopted by written consent of the majority of directors in terms of section 74 of the Companies Act No. 71 of 2008 (the