Jooma and Another v Sekgetho and Another (33377/2018) [2019] ZAGPJHC 184 (28 June 2019)

SUMMARY Cassim Jooma and Mahomed Sidque Jooma (“the Applicants”) are the registered owners of an immovable property located in Vrededorp, Gauteng (“the Immoveable Property”). On 26 February 2018, the Applicants and Obakeng Whyte Sekgetho (“the First Respondent”) concluded a written transfer agreement in respect of the Immoveable Property in terms of which the First Respondent
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De Vasconcelos and Others v Business Partners Ltd (637/2018) [2019] ZASCA 80 (31 May 2019)

SUMMARY In 2009, Roberto Carlos De Freitos De Vasconcelos (the “First Appellant”) acting on behalf of Eastprop Property Trust (the “Trust”), obtained a loan purposes of raising working capital for one of his 3 close corporations which was a sham. The close corporations performed their business activities from a property owned by the Trust (the
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E v E 12583/2017; R v R 20739/2018; and M v M 5954/2018.

BACKGROUND AND SUMMARY All three of the above matters were referred to the full bench of the High Court, Gauteng Local Division. Until this judgment, parties have been limited to the type of and amount of information they may provide to the Court, consequently, matters are often dispensed with in Court due to the prolixity
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Tsebo Outsourcing Group v Commissioner: Silas Segole and Others (JR1163/17) [2019] ZALC 5 (30 April 2019)

SUMMARY This matter concerns the Commissioner’s (the First Respondent) award finding that the dismissal of Cecilia Senatsi, the Third Respondent, by Tsebo Outsourcing Group, the Applicant, was substantively and procedurally unfair, ordering her reinstatement. The Applicant sought an order setting aside the award. The Third Respondent was employed by the Applicant as an Assistant Catering
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Impossible? The Contractual Defense of Impossibility of Performance

Introduction Is there an excuse for the non-performance of duties under a legally binding contract on the basis that ‘it simply couldn’t be done’? There might be when one considers that the essentialia of a valid contract are (or ought to be) based on the assumption that the contractual obligations undertaken are physically possible to
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Eskom Holdings SOC Limited v Masinda (1225/2018) [2019] ZASCA 98 (18 June 2019)

SUMMARY The Appellant, Eskom Holdings SOC Limited (hereinafter “Eskom”) sought an order from the Supreme Court of Appeal, determining whether the Respondent, Ms Masinda (hereinafter “Masinda”) was entitled to a spoliation order due to the disconnection of the electricity supply to Masinda’s immovable property in the Eastern Cape. Court a quoAs a result of the
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Schrenk v Levy N.O and Others (C15/17) [2019] ZALC 7 (23 April 2019)

BACKGROUND AND SUMMARY This case involves an opposed application reviewing an arbitration award issued by Emma Levy N.O. (“the Arbitrator”).   Schrenk (“the Applicant”) had been employed by Transnet Port Terminals (“the Company”) for a duration of 34 years. The Applicant was dismissed in September 2016, following allegations that he had made a racist remark
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Motloung and Another v Sheriff, Pretoria East 2019 (3) SA 228 (GP)

SUMMARY The facts of the present matter can be summarised as follows: The plaintiff’s suffered a motor vehicle accident (“MVA”) in January 2007; As a result of the abovenmentioned MVA, the Plaintiff’s sought to claim compensation from the Road Accident Fund (“RAF”) through the institution of action proceedings; In 2011, action proceedings were purportedly instituted
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Gridmark CC v Raiza Trading CC (349/18) [2019] ZASCA 18 (25 March 2019)

  SUMMARY On 15 February 2013, the Appellant and the Respondent concluded a contract of purchase for the Appellant’s business, Yorkers Superette. The agreed purchase price was R850,000.00 which would be paid by the Respondent to the Appellant on the following terms:   (1) R500,000.00 would be paid as a deposit within 5 days of
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NK v KM 2019 (3) SA 571 (GJ)

SUMMARY The applicant in this matter, “NK”, applied to the court in terms of rule 33(4) of the Uniform Rules of the High Court (“the Rules”) for a separation of issues in the divorce proceedings between him and his wife, “KM”. The parties sought an order to have their marriage dissolved. KM opposed the claim
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