Eviction — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act — Application for eviction of unlawful occupiers — First respondent failing to pay rent for over three years — Lease agreement lawfully cancelled due to breach — Court finding no valid defence raised by respondents — Eviction granted as just and equitable under the circumstances.
Maintenance — Interim maintenance — Rule 43 application for maintenance pending divorce proceedings — Applicant sought interim maintenance and contribution towards legal costs — Court considered the financial positions of both parties and the best interests of the minor child — Exclusive use of holiday home granted to applicant, with respondent responsible for various maintenance costs and monthly payments towards applicant and minor child — Contribution towards legal costs declined due to appropriateness of mediation as a resolution mechanism.
Labour Law — Review of arbitration award — Applicant sought to review an arbitration award that upheld his dismissal for prohibited pecuniary dealings with an inmate — Applicant argued that the Commissioner erred in finding his conduct constituted misconduct under section 118(2)(b) of the Correctional Services Act 111 of 1998, claiming he was treated inconsistently compared to other officials — Court held that the Commissioner properly assessed the evidence and reasonably concluded that the Applicant's conduct was in violation of the Act, thus affirming the substantive fairness of the dismissal.
Civil Procedure — Amendment of pleadings — Plaintiff seeking leave to amend Particulars of Claim after three years — Defendant objecting on grounds of bad faith and common cause facts — Court emphasizing the need for justice and discretion in allowing amendments — Application granted as amendments were deemed necessary to reflect true facts and did not cause injustice to the defendant.
Contract — Cancellation — Summary judgment — Plaintiff seeking return of vehicle after defendant defaulted on payment — Defendant admitting to breach but contesting jurisdiction and compliance with National Credit Act — Court confirming cancellation of agreement and ordering return of vehicle, finding compliance with statutory requirements established.
Leave to appeal — Application for leave to appeal against review of arbitration award — Applicant seeking to set aside award of unfair dismissal — Court finding no reasonable prospect of success for appeal — Application for leave to appeal dismissed as no compelling reasons presented.
Civil Procedure — Exception — Particulars of claim — Plaintiff seeking to recover expenses from defendant for property-related costs — Defendant excepting to particulars, claiming no cause of action disclosed — Court finding particulars ambiguous and failing to establish a clear basis for the claim — Exception upheld, plaintiff granted leave to amend particulars of claim.
Employment Law — Secondment — Validity of secondment — Plaintiff claiming salary difference and secondment allowance after alleged secondment as administrator — Court finding that secondment was invalid due to non-compliance with Public Service Act and regulations — Plaintiff failing to prove existence of valid contract for higher remuneration — Claim dismissed.
Insolvency Law — Rescission of winding-up order — Application for rescission brought five years after the order was granted — Applicants failed to provide a satisfactory explanation for the delay — Court finding that the applicants had no proprietary interest in the properties in question and lacked reasonable prospects of success — Application dismissed.
Contempt of Court — Urgency — Applicants seeking contempt orders against the National Commissioner of the Department of Correctional Services for failing to comply with a court order — Court assessing the urgency of the application based on the nature of contempt proceedings — Court finding that contempt applications are inherently urgent due to the need to uphold the rule of law and protect the rights of employees — Application for contempt granted, with costs awarded against the respondents.
Delict — Unlawful arrest and detention — Plaintiff alleging unlawful arrest without a warrant by police officers — Defendant raising special plea of non-compliance with legal proceedings act — Plaintiff noting exception to defendant's plea for lack of sufficient particulars — Court finding that the defendant's plea did not lack necessary averments to sustain a defence — Exception dismissed.
Insolvency Law — Urgent application — Interdict against liquidators — Applicant seeking to prevent auction of movable assets pending rei vindicatio action — Court finding lack of urgency due to applicant's delay in bringing application and failure to establish prima facie right to ownership — Application struck from the roll and costs awarded against the applicant.