Harvey NO and Others v Crawford NO and Others 2019 (2) SA 153 (SCA)
Wednesday, 05 June 2019
BACKGROUND AND SUMMARY In casu, the Supreme Court of Appeal (SCA) judgment deals with the interpretation of a Notarial Deed of Trust, whereby the court was tasked with determining whether the words ‘children’, ‘descendants’, ‘legal descendants’ and ‘issue’ was intended to benefit and include ‘adoptive children’. In this matter, a trust donor – Mr
- Published in Law of Succession, 2019, News, trusts
No Comments
Lindeque and Others v Hirsch and Others, In Re: Prepaid24 (Pty) Limited (2019/8846) [2019] ZAGPJHC 122 (3 May 2019)
Tuesday, 04 June 2019
SUMMARY The applicants brought an urgent application seeking urgent interdictory relief, pending the determination of Part B, which included final interdictory relief, declaratory orders, declarations of delinquency and an order removing the first and second respondent as directors of Prepaid 24 (Pty) Ltd. In March 2016, the applicants, in the name of Handmade Connections, entered
- Published in 2019, News, self-created urgency, Uniform Rule of Court 6(12)(b)
NEDBANK LTD V THOBEJANE AND RELATED MATTERS [2018] ZAGPPHC 692 (26 SEPTEMBER 2018)
Thursday, 23 May 2019
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
- Published in 2019, high court, News
Leakgona Multimeddia (Pty) Ltd and Another v Fassie Records CC and Others (5220/18) [2019] ZAGPPHC 96 (22 March 2019)
Wednesday, 22 May 2019
SUMMARY This case dealt with a final interdict whereby the Applicants sought the following relief: 1. that any agreement between the First Respondent and the Third, Fourth, Fifth and Sixth Respondents for the production of the late Brenda Fassie movie be declared null and void; 2. that the termination notice, dated 14 December 2017, which
Spilhaus Property Holdings (Pty) Limited and Others v MTN and Another (CCT82/18) [2019] ZACC 16 (24 April 2019)
Monday, 20 May 2019
SUMMARY Spilhaus Property Holdings (Pty) Ltd and 18 Others (the “Applicants”) are the lawful owners of units in a sectional title scheme, situated in Cape Town (the “Sectional Title Scheme”). Mobile Networks (Pty) Ltd (the “First Respondent”) and Alphen Farm Estate in Constantia (Pty) Ltd (the “Second Respondent”), are the Respondents in the above matter.
- Published in 2019, News, Property Law
SHAW & ANOTHER V MACKINTOSH & ANOTHER (267/17) [2018] ZASCA 53 (29 MARCH 2018)
Tuesday, 14 May 2019
SUMMARY During 2009, Mackintosh (“the First Respondent”) and Mabili Search & Selection (Pty) Ltd (“the Second Respondent”) concluded an oral loan agreement for the amount of R2million (“the Agreement”). Subsequent to the conclusion of the Agreement, the parties signed a written acknowledgement of debt (“AOD”) wherein the Second Respondent, as the debtor, acknowledged its indebtedness
- Published in 2019, Contract Law, News
Palabora Copper (Pty) Ltd v Motlokwa Transport & Construction (Pty) Ltd (298/2017) [2018] ZASCA 23 (22 March 2018).
Tuesday, 14 May 2019
SUMMARY Background In December 2014, a tender for the removal of waste from Palabora Copper’s (Pty) Ltd (“Palabora”) mine and smelter was awarded to Motlokwa Transport & Construction (Pty) Ltd (“Motlokwa”). This award was confirmed in correspondence (“Notice of Contract Award”) which was addressed to Motlokwa from Palabora and subsequently signed by a representative of
- Published in 2019, Arbitration, News
Magoswana v Road Accident Fund (2467/2010) [2019] ZAECGHC 49 (23 April 2019)
Tuesday, 14 May 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
- Published in 2019, Law of Delict, News
Standard Bank of South Africa Limited v Leslie and Others (JR2427/15) [2019] ZALCJHB 62 (27 March 2019).
Thursday, 09 May 2019
SUMMARY This judgment concerns an application for leave to appeal prompted by Standard Bank of South Africa Limited(the “Applicant”), being opposed by Heiden Leslie (the “First Respondent”). On analysis of the factual matrix, the Applicant raised two grounds that the Court had failed to address when contemplating the evidence. Firstly, that the Court had failed
