Administrative Law — Educator Registration — Interim interdict — Applicant seeking to restrain implementation of decision by SACE to remove his name from the register of educators — Decision leading to deemed resignation under Employment of Educators Act — Court finding prima facie right established and potential for irreparable harm if decision implemented — Interim relief granted pending review application.
Contract — Breach of warranty — Tiles supplied not fit for purpose — Plaintiff claiming damages for breach of warranty regarding suitability of tiles for flooring — Defendant's exception to particulars of claim dismissed as particulars disclose a reasonable cause of action and are not vague or embarrassing — Damages claimed are of a contractual nature and may be pursued without cancellation of the contract.
Contract — Loan Agreement — Breach of contract — Applicant seeking specific performance for payment of collected Recoverable Ceded Debts — Respondent admitting to owing the amount but raising meritless defences — Court finding that the respondent's defences do not excuse non-payment and dismissing the application for leave to file a supplementary affidavit — Respondent's conduct demonstrating an attempt to reconstruct its case rather than supplement it.
Divorce — Marital regime — Validity of post-nuptial contract — Plaintiff seeking divorce and claiming spousal maintenance — Defendant asserting marriage out of community of property based on post-nuptial contract — Court finding post-nuptial contract invalid due to non-compliance with section 21 of the Matrimonial Property Act — Spousal maintenance claim dismissed for lack of evidence of need.
Civil Procedure — Amendment of pleadings — Application for leave to amend plea — Respondents contending that amendment is a nullity and susceptible to exception — Court finding that the August 2024 plea was compliant with Uniform Rules and objections unsustainable — Leave to amend granted and costs awarded to applicants.
Restraint of Trade — Interdict — Appellants challenging Labour Court's interdict restraining them from breaching restraint of trade agreements — Respondent alleging breach of confidentiality and trade secrets — Labour Court granting interdict with costs, limiting geographical application — Appeals dismissed, Labour Court's decision upheld as lawful and justified.
Sectional Titles — Body Corporate — Contributions — Defendants failing to pay contributions to body corporate — Body corporate seeking summary judgment for arrear contributions — Defendants raising special plea of lis pendens — Court finding that claims are for different causes of action and relief — Special plea dismissed — Summary judgment granted in favor of body corporate for arrear contributions and costs.
Civil Procedure — Recall of order — Court recalling order granted in absence of party — Respondent appearing after order made and seeking to oppose application for summary judgment — Court confirming inherent power to recall order based on common law and constitutional principles — Application for summary judgment postponed sine die to allow Respondent to file opposing affidavit.
Insolvency — Application for leave to appeal — Applicant seeking leave to appeal against a judgment of the High Court dismissing an application for the rehabilitation of the applicant's insolvency — Court finding that the applicant failed to demonstrate a reasonable prospect of success on appeal — Leave to appeal refused.
Insolvency Law — Standing — Application for relief regarding assets of a close corporation in final liquidation — Applicant asserting proprietary interest but failing to disclose liquidation status — Court finding that authority to act on behalf of the corporation lies with the liquidator or the Master — Application dismissed for lack of locus standi.
Criminal Procedure — Appeal — Incomplete record of proceedings — Appellant contesting conviction and sentence on serious charges — Court unable to consider appeal due to missing evidence — Appeal struck from roll for the last time with directive for reconstruction of record — Importance of complete record emphasized for fair appeal process.
Rescission of Judgment — Default Judgment — Application for rescission of default judgment granted in favour of Absa Bank against Mr Mashawana for R28,769,031.65 — Applicant seeking rescission under Rule 31(2)(b) and common law — Court finding that Rule 31(2)(b) does not apply as judgment was granted in an opposed motion — Applicant failing to establish good cause for rescission, including reasonable explanation for default and bona fide defence — Application dismissed with costs.