Ratlou v MAN Financial Services (1309/2017) [2019] ZASCA 49
Wednesday, 26 February 2020
SUMMARY During 2013 Mr Ratlou (“Ratlou”) acquired Phapo Nkone Transport (Pty) Ltd (“PNT”) together with its business. Subsequently, on 24 October 2013, he executed a deed of suretyship in favour of MAN Financial Services SA (Pty) Ltd (“MAN”) to secure a lease agreement between MAN and PNT relating to the lease of trucks and trailers.
- Published in 2019, Contracts, Credit Regulation, News, Procedural law
No Comments
B v Hollard Life Insurance (2014/10011) [2018] ZAGPJHC 460; [2018] 4 All SA 77 (GJ) (16 April 2018)
Wednesday, 26 February 2020
BACKGROUND The Plaintiff, Elizabeth Maria Basson, was the beneficiary under a life insurance policy taken out by her late husband prior to his death (the “Deceased”). The Plaintiff instituted action against the Defendant, Hollard Life Assurance Company, for the payment of the proceeds of the policy after the Defendant rejected the claim on the grounds
- Published in 2020, Life Insurance
B v Hollard Life Insurance (2014/10011) [2018] ZAGPJHC 460; [2018] 4 All SA 77 (GJ) (16 April 2018)
Wednesday, 26 February 2020
BACKGROUND The Plaintiff, Elizabeth Maria Basson, was the beneficiary under a life insurance policy taken out by her late husband prior to his death (the “Deceased”). The Plaintiff instituted action against the Defendant, Hollard Life Assurance Company, for the payment of the proceeds of the policy after the Defendant rejected the claim on the grounds
- Published in 2018, Insurance Law
Zamani Marketing and Management Consultants (Pty) Ltd and another v HCI Invest 15 Holdco (Pty) Ltd and others 2020 ZAGPJHC 5 (11 FEBRUARY 2020)
Sunday, 16 February 2020
SUMMARY Zamani Marketing and Management Consultants (the “Applicant”), instituted proceedings in terms of S33 of the Arbitration Act 42 of 1965 (the “Act”) to review and set aside an arbitration award. Subsequently, the Applicant also brought an interlocutory application wherein the Applicant sought to invoke Rule 53(1)(b) of the Uniform Rules of Court (the “Rules(s)”),
- Published in 2020, Civil Procedure
POTGIETER v MODIKWA PLATINUM MINE AND OTHERS (J1892/2019) [2019] ZALCJHB 267 (8 October 2019)
Friday, 29 November 2019
SUMMARY In this case Potgieter (the “Applicant”) approached the Labour Court (“Court”) on an urgent basis for an order interdicting the Respondents from proceeding with disciplinary action against him, alternatively an order that the disciplinary proceedings against him be dealt with in terms of section 188(A) of the Labour Relations Act (“LRA”) The application related
- Published in 2019, Labour Law
Mushi v EXXARO Coal (Pty) Ltd Grootegeluk Coal Mine (JA62/2018) [2019] ZALAC 44;
Wednesday, 27 November 2019
SUMMARY The Appellant (“Mushi”) had been employed by the Respondent, Exxaro Coal (Pty) Ltd, (“Exxaro”) at Grootegeluk Coal Mine for 24 years. On 10 March 2015, Mushi was on duty driving an oversized coal haul truck. Mushi reported to his foreman that a shovel operator was loading his truck in an unsafe manner and the
- Published in 2019, Appeals, Labour Law
Is Registration of Home Builders required where they build to lease in terms of the Housing Consumes Protection Measures Act 95 of 1998?
Thursday, 24 October 2019
INTRODUCTION This article examines whether the registration and enrollment requirements in the Housing Consumers Protection Measures Act 95 of 1998 (the “Act”) applies to home builders who build homes with the intention of leasing same to tenants, as opposed to selling. The establishment and objects of the National Home Builders Registration Council (“NHBRC”) The Act
- Published in 2019, high court, Housing and Construction
Roux v Powell (17499/18) [2019] ZAWCHC 132 (4 October 2019)
Wednesday, 23 October 2019
SUMMARY This case dealt with an exception to the Plaintiff’s amended Particulars of Claim. The Plaintiff alleges that the Defendant maliciously and intentionally published defamatory statements about her on the internet, and seeks damages and a final interdict, directing the removal of the publications. Background In 2005, the Plaintiff, appointed by the Family Advocate, filed
- Published in 2019, Exception in relation to an alleged defamation
Goosen v Wiehahn (761/2018) [2019] ZASCA 137 (1 October 2019)
Monday, 21 October 2019
SUMMARY This case dealt with the will of one late Abhraham Gerhadus Geldenhuys (the “Testor”) executed on 27 November 1990 (the “Will”). Included in the Testor’s estate was 2 (two) farms described as Hunites and Holte (the “Farms”), which he bequeathed to his wife, Mrs Alberta Johanna Geldenhuys (“Mrs Geldenhuys”). The bequeath was subject to
- Published in 2019, Law of Succession
Barker v Bishops Diocesan College And Others 2019 (4) SA 1 (WCC)
Wednesday, 25 September 2019
SUMMARY MB and his parents (“Plaintiffs” in the court a quo) are permanent residents of the United Kingdom, owning no assets in South Africa. They instituted a claim for damages against the Respondents for injuries that MB sustained in 2005, whilst he was an exchange student in South Africa. As peregrini (persons domiciled or resident
- Published in 2019, News, Security for costs & Peregrine Plaintiffs
