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Appeal — Exception to counterclaim — Appellants' counterclaim against Sunwest International dismissed — Appellants alleged tacit agreement with Sunwest regarding gambling credits but failed to identify the representative through whom Sunwest acted — Court held that counterclaim did not disclose a cause of action as it lacked necessary particulars — Legal principles regarding exceptions and the requirements for pleading a tacit agreement affirmed.
Interlocutory Application — Rule 30(1) — Application to set aside irregular proceeding — Applicant sought to set aside a Rule 53 application as irregular, alleging improper service and procedural issues — Respondent opposed, claiming lack of urgency and procedural unfairness — Court found that the service of the Rule 30 application by email was valid as the respondent had consented to electronic service, and the application was not premature — Application to set aside the Rule 53 application dismissed.
Mortgage — Foreclosure — Judicial execution — Application for default judgment — Bank seeking order declaring property specially executable — Respondents in default for over a decade — Respondents raise procedural defences without challenging merits of indebtedness — Application granted as execution deemed proportionate and justified under Uniform Rule of Court 46A.
Ownership — Rei vindicatio and mandament van spolie — Applicant claimed ownership of a 2015 Bentley Continental GT, asserting unlawful deprivation of possession after the vehicle was seized by the sheriff under a National Prosecuting Authority order following the respondent's repossession efforts due to default on payments by the previous owner, Mr. Radebe — Court examined the principles of rei vindicatio, requiring proof of ownership and unlawful possession, and mandament van spolie, focusing on restoration of possession regardless of the legality of the previous possessor's claim — Respondent established lawful ownership and right to repossess, while applicant failed to prove ownership or lawful possession at the time of seizure.
Delict — Animal liability — Plaintiff injured while attempting to separate fighting dogs — Dispute over causation and negligence — Plaintiff's claim dismissed due to lack of evidence supporting her version of events — Court found defendants' testimony credible and corroborated, establishing that plaintiff fell due to her own actions rather than any contact with the defendants' dog.
Family Law — Custody and contact disputes — Application for appointment of psychologist to evaluate care and contact arrangements for minor child — Applicant sought expert evaluation to inform ongoing divorce proceedings — Respondent opposed application as premature and unnecessary, arguing it was a tactic to undermine her primary caregiving — Court emphasized the paramount importance of the child's best interests and noted the ongoing investigation by the Family Advocate — Application dismissed as the applicant failed to establish the necessity of an expert evaluation at this stage, reinforcing the respondent's position that the application was a fishing expedition rather than a genuine concern for the child's welfare.
Urgency — Non-compliance with Rules 6(1) and 6(12) — Application struck from the roll as an abuse of process — Applicants failed to comply with procedural requirements and did not demonstrate urgency — Court imposing punitive costs against applicants for egregious conduct in litigation.
Execution — Stay of execution — Application for stay of execution of default judgment pending rescission — Applicant seeking to suspend judgment based on alleged lack of urgency and failure to establish a prima facie right — Court finding that applicant did not demonstrate urgency or a bona fide defense to the claim — Application struck from the roll as the balance of convenience favored the respondent, and the applicant's claims of irreparable harm were unsubstantiated.
Appeal — Application for leave to appeal — Applicant seeks leave to appeal against a judgment dismissing her rescission application — Grounds for appeal include alleged misdirection by the court and claims of unnotified default judgment — Court finds no reasonable prospect of success in the appeal as the arguments presented are repetitive and already considered — Application for leave to appeal dismissed with costs.
Labour Law — Organisational rights — Urgent application for interim relief — Revocation of union's access rights without notice — Applicant sought restoration of rights pending resolution of disputes — Court held that Parliament's unilateral withdrawal of access rights was unlawful and invalid, as it breached the Recognition Agreement requiring notice and proper procedure.
Unlawful Arrest and Detention — Damages — Plaintiff claiming damages for unlawful arrest and detention by police — Plaintiff detained for three days without appearing in court — Court finding that the arrest was unlawful due to lack of reasonable suspicion and failure to inform the plaintiff of his rights — Damages awarded to the plaintiff for the unlawful arrest and detention.