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Execution — Stay of execution — Application for stay of execution of judgment — Ekurhuleni failed to establish prima facie right to rescind judgment of Noko J — Prejudice resulting from execution of a valid judgment not sufficient to warrant a stay — Application for stay dismissed.
Condonation — Late filing of review application — Applicant sought condonation for late filing of a review application regarding the dismissal of an employee — Review application filed 42 days late, later determined to be 56 days late with 14 days unexplained — Applicant attributed delay to COVID-19 and internal communication issues, but failed to provide satisfactory explanations for all periods of delay — Court held that without a reasonable explanation for the excessive delay, the prospects of success on the merits are immaterial, and condonation was denied.
Matrimonial Property — Joint estate — Application for declaration of nullity of membership interest — Applicant seeks to declare third respondent's 10% membership interest in close corporation null and void, claiming it was acquired without her consent during marriage in community of property — Third respondent raises lis alibi pendens and locus standi — Court finds that the issues in the current application are the same as those pending in a prior action in Gauteng, thus prioritizing the resolution of the earlier matter — Applicant lacks standing to deal with the joint estate as a liquidator has been appointed, rendering her application for liquidation of the close corporation incompetent.
Labour Law — Leave to appeal — Application for leave to appeal against judgment of Labour Court — First Respondent contending misapplication of review test and other errors — Court found no reasonable prospect of success on appeal — Application for leave to appeal dismissed.
Appeal — Leave to appeal — Application for leave to appeal against judgment — Test for leave to appeal governed by section 17(1)(a) of the Superior Courts Act, 2013 — Applicant must demonstrate reasonable prospect of success or compelling reasons for appeal — Court not persuaded that applicant's grounds warranted a different conclusion — Application for leave to appeal dismissed.
Review — Criminal procedure — Application for disclosure of evidence — Applicant sought review of magistrate's refusal to compel State to disclose FSCA materials relevant to his defence against serious commercial crime charges — Magistrate held that requested documents did not form part of the State's case and were not in its possession — Applicant contended that his constitutional rights to a fair trial and access to information entitled him to the disclosure — Court determined that the applicant should have pursued an appeal rather than a review, as the magistrate's ruling did not constitute a gross irregularity or lack of jurisdiction, but rather an incorrect legal conclusion.
Summary Judgment — Lease Agreement — Opposed application for summary judgment based on alleged arrears in rent under a written lease agreement, with defendants contesting the existence of a binding contract. The plaintiffs claimed that the defendants had not presented a legitimate defence to the claim. The court found that the defendants raised a bona fide dispute regarding the terms of the lease, asserting that no binding agreement was concluded after the plaintiffs expressed their intention not to proceed with the written lease. The court concluded that the plaintiffs had not demonstrated an unanswerable case, granting the defendants leave to defend the action.
Labour Law — Rescission of judgment — Application for rescission of default judgment regarding unfair dismissal — Applicant failed to provide reasonable explanation for default and bona fide defence — Court dismisses rescission application. The applicant sought rescission of a judgment that found the employee's dismissal to be substantively unfair and ordered reinstatement. The applicant claimed lack of knowledge of the proceedings and sought condonation for late filing of the rescission application. The court found that the applicant had not established good cause for the default and failed to demonstrate a bona fide defence. The legal issue was whether the applicant could successfully rescind the default judgment based on the requirements of providing a reasonable explanation for default and a bona fide defence. The court concluded that the rescission application was dismissed due to the applicant's failure to meet the necessary criteria, resulting in prejudice to the employee.
Protection from Harassment — Interim relief — Applicant sought protection against alleged harassment from ex-partner — Emotional messages sent by ex-partner deemed not to constitute real physical threat — Magistrate previously declined to grant interim relief under the Protection from Harassment Act or Domestic Violence Act — Court found applicant's fears exaggerated and declined to interfere with ongoing proceedings — No basis for granting immediate relief in the absence of substantial evidence of threat.
Execution — Sale in execution — Stay of sale — Applicant sought to stay a sale in execution by ABSA Bank, claiming satisfaction of the judgment debt through a promissory note — Court held that a promise to pay does not constitute payment, and the debt remained outstanding — Section 129 of the National Credit Act allows reinstatement of the mortgage agreement by paying arrears before transfer of property — Application for stay dismissed, with each party bearing their own costs.
Urgent Applications — Regulatory enforcement — Applicant seeking urgent relief against alleged non-enforcement of regulations by third-party entities — No evidence of imminent harm or prejudice to applicant's business — Failure to demonstrate urgency or join necessary parties — Application dismissed.
Identity — Correction of population register — Applicant sought to correct identity number reflecting marriage to deceased husband — Long-standing incorrect entry not addressed through compliance with existing court order — Urgency of application questioned due to lack of compelling reasons — Application struck from the roll for non-urgency and failure to comply with court directives.