Companies — Winding-up — Provisional winding-up application — Applicant seeking winding-up of Respondent for inability to pay debts — Respondent acknowledging indebtedness but disputing part of the debt due to alleged defective goods — Court finding no bona fide dispute raised and Respondent commercially insolvent — Provisional winding-up order granted.
Eviction — Unlawful occupation — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Applicants seeking eviction of respondents from premises owned by second applicant — Respondents occupying premises under lease agreement since 2014, failing to pay rent — Court finding that lease was lawfully cancelled in 2025 due to non-payment — Eviction order granted as just and equitable despite respondents' claims of hardship.
Civil Procedure — Amendment of pleadings — Application for leave to amend particulars of claim — Plaintiff seeking to delete references to 'reservoirs' in the context of an insurance claim — Defendants objecting on grounds of bad faith and excipiability — Court finding that the amendment was bona fide and necessary to ventilate the real dispute — Leave to amend granted with costs awarded against the defendants.
Delict — Quantum of damages — Future medical and hospital expenses — Plaintiff claiming damages for future loss of earnings due to serious injuries sustained in a motor vehicle accident — Defendant conceding 80% of merits — Court finding that the addendum report of the Plaintiff's expert lacked proper reasoning and factual foundation, leading to the rejection of the report — Plaintiff ordered to file a fresh actuary’s report and both parties to submit notes on contingencies.
Appeal — Leave to appeal — Application for leave to appeal against dismissal of Rule 30A applications — Applicants contending that another court would reasonably arrive at a different conclusion — Court finding no reasonable prospect of success and no compelling reasons for appeal — Application for leave to appeal dismissed with costs.
Civil Procedure — Summary judgment — Defendants opposing summary judgment on grounds of defective affidavit and illiquid claims — Court finding that plaintiff's failure to comply with previous court order regarding contempt precludes it from obtaining summary judgment — Defendants establishing bona fide defence and counterclaims warranting trial — Application for summary judgment refused.
Administrative Law — Municipal Council Decisions — Urgent application to rescind decision of Umdoni Municipal Council appointing acting municipal manager — Applicants arguing unlawful reinstatement of fourth respondent — Respondents opposing on grounds of lack of urgency and abuse of process — Court finding that the founding affidavit was inadmissible due to the commissioning attorney's interest in the matter — Application struck off the roll with costs awarded to the respondents.
Civil Procedure — Condonation — Application for condonation of late delivery of notice of complaint and application to set aside combined summons — Applicant failing to provide adequate explanation for delay — Court finding no irregularity or prejudice to applicant — Application dismissed and costs awarded to respondent on attorney and client scale.
Civil Procedure — Upliftment of bar — Application for upliftment of bar under Rule 27 of Uniform Rules — Applicant failing to provide reasonable explanation for delay in filing plea — Court finding no bona fide defence established — Application dismissed with costs.
Insolvency Law — Winding up — Application for provisional winding-up of respondent under s 344(f) of the Companies Act — Respondent unable to pay debts, having repudiated lease agreement — Court finding respondent committed act of insolvency and granting provisional winding-up order.
Labour Law — Review of disciplinary hearing — Application for review of internal disciplinary finding under section 145 of the Labour Relations Act — Court finding it lacks jurisdiction as the decision is not an arbitration award and no dispute was referred to conciliation or arbitration — Reliance on section 158(1)(h) deemed impermissible and misplaced — Application dismissed for lack of jurisdiction with no order as to costs.
Condonation — Application for condonation for late filing of leave to appeal — Applicant submitting online application but failing to file hard copy on time — Court finding inadequate explanation for delay and lack of prospects of success in underlying appeal — Application for condonation dismissed with costs awarded against the applicant.