Company Law — Company name dispute — Application for Default Order — Applicant claiming First Respondent's name 'KAP POWER ENERGY (Pty) Ltd' infringes on its registered trademark 'KAP' — First Respondent failing to respond to application — Tribunal finding name confusingly similar to Applicant's trademark, directing First Respondent to change its name to avoid infringement.
Damages — Quantum of damages — Claim for general damages and loss of earning capacity following motor vehicle collision — Plaintiff, as Curator ad Litem for the patient, sought damages for injuries sustained in an accident on 1 March 2021, with 100% liability established — Expert evidence indicated severe physical and cognitive impairments rendering the patient unemployable — Actuarial calculations presented for past and future loss of earnings — Court held that the patient sustained total loss of earning capacity, warranting compensation based on the expert assessments and actuarial calculations, while recognizing the speculative nature of future loss assessments.
Road Accident Fund — Special plea — Non-compliance with section 24 of the Road Accident Fund Act 56 of 1996 — Plaintiff's RAF 1 form listing only general damages — Defendant contending that other claims are unenforceable — Court dismissing special plea, emphasizing the principle of substantial compliance and the once and for all rule in damages claims — Court finding no prejudice to the defendant and upholding the plaintiff's right to claim additional damages.
Contempt of Court — Non-compliance with Labour Appeal Court order — Registrar of Labour Relations seeking contempt finding against Mr Sono for failing to vacate union premises as ordered — Court determining that Mr Sono's non-compliance was not wilful or mala fide, given his bona fide belief in the suspension of the order due to pending appeals — Court ordering Mr Sono to comply with the LAC order and vacate premises, with provision for re-enrollment of contempt application if non-compliance continues.
Constitutional Law — Unlawful arrest and detention — Plaintiff claiming damages for unlawful arrest and detention of herself and her minor child — Court finding that the arrest was prima facie unlawful and the Defendant failed to justify the lawfulness of the arrest — Damages awarded in the amount of R150,000 to each Plaintiff, with specific provisions for the establishment of a Trust for the minor child.
Contract — Service Agreement — Debt Collection — Applicant seeking urgent relief against First Respondent for rerouting payments from a debt portfolio — Court finding that First Respondent is bound by the service agreement with the Second Respondent and must comply with its terms — First Respondent ordered to ensure payments are routed to the Applicant as per the agreement.
Amendment of pleadings — Interlocutory application for leave to amend particulars of claim — Plaintiffs, joint liquidators of a liquidated close corporation, sought to amend their claim against the defendant, introducing new causes of action — Defendant opposed, arguing that the new claims had prescribed and were distinct from the original claim — Legal issue concerned whether the proposed amendment introduced a "new debt" susceptible to prescription or merely reformulated the same debt — Court held that the proposed amendment did not introduce a new debt as it sought to recover the same underlying obligation, thus allowing the amendment and rejecting the defendant's prescription argument.