Tshabalala and Others v Tshabalala and Others (38827/2016) [2019] ZAGPJHC 192 (28 June 2019)

SUMMARY In or about 1980, Richard Tshabalala passed away intestate and was survived by his seven children and his wife, Paulina Tshabalala. During his lifetime, he was issued with a regulation 8 certificate of occupation for the property he then resided on, by the West Rand Administration Board. (“the Board”) The certificate contained the names
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Moneyline Financial Services (Pty) Ltd v Chakane NO and Others (JR245417) [2019] ZALCJHB 156 (19 June 2019)

SUMMARY The factual matrix from which this judgment arises concerns a dismissal of employees due to poor work performance. The Employer Moneyline Financial Services (Pty) Ltd dismissed the Third Respondent and 7 others (“the Employees”) who were employed in capacity as sales representatives. Following such dismissals, the matter proceeded to arbitration proceedings where it was
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STATE v D (CC36/2018) [2019] ZAWCHC 79 (25 June 2019)

SUMMARY This CLE will provide a practical example of how the courts, in respect of criminal matters involving serious offences, hand down their sentences. In this case, the accused, Mr D, was accused of the kidnapping, rape and murder of his 10-year-old niece. The accused was earlier convicted on the aforesaid counts in addition to
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Lloyds Bank Plc v McBains Cooper Consulting Ltd [2018] EWCA Civ 452 (15 March 2018)

SUMMARY A property developer obtained a loan facility from Lloyds Bank PLC (the “Claimant”) in the sum of £2,625,000.00 (the “Facility”), which figure was subsequently reduced to approximately £2,500,000.00 (the “Revised Facility Amount”) for the redevelopment of a bingo hall (the “Development”). McBains Cooper Consulting Limited (the “Defendant”) was appointed as the project monitor surveyor
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Harris v Rossouw (5178/2019) [2019] ZAWCHC 75 (21 June 2019)

BACKGROUND AND SUMMARY In this case, Shaun Harris (the “Plaintiff”) sought action proceedings to recover the sum of R531 361 plus interest thereon a tempore morae. The debt arose upon the Plaintiff and Rachel Rossouw (the “Defendant”) concluding a loan agreement in terms of which repayment was due, owing and payable (the “Agreement”). The claim
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Ratlou v MAN Financial Services (1309/2017) [2019] ZASCA 49

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.
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Van der Bijl and Another v Featherbrooke Estate Home Owners’ Association (NPC) 2019 (1) SA 642 (GJ)

BACKGROUND AND SUMMARY The Plaintiffs in the matter, Mr. and Mrs. van der Bijl, brought an action for damages against the Defendants, Featherbrooke Estate Home Owners’ Association NPC (“the Association”) and Fidelity Security Services (Pty) Ltd (“Fidelity”), the security company employed by the Association to safeguard and protect the estate and its residents.   The
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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
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Batohi v Roux (12476/2012) [2018] ZAKZDHC 56; [2019] 1 All SA 390 (KZD) (16 November 2018)

BACKGROUND AND SUMMARY The Defendant is a practicing neurosurgeon and the Plaintiff was his patient. During or about 2004, the Plaintiff consulted with the Defendant in respect of a nerve related pain. The Defendant operated on the Plaintiff to repair, inter alia, an intervertebral disc herniation. The operation was successful and the Plaintiff was rendered
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Moss & another v KMSA Distributors (673/2018) [2019] ZASCA 81 (31May 2019)

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,
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