Eviction — Prevention of Illegal Eviction — Unlawful occupiers — Applicants sought eviction of respondents from property owned by deceased estates — Respondents claimed entitlement as intestate beneficiaries — Court found respondents to be unlawful occupiers under the Prevention of Illegal and Unlawful Occupation of Land Act — Eviction order granted with specific conditions and timeline for vacating property.
Legal Practice — Readmission of legal practitioner — Applicant previously struck off for misconduct involving double charging in Road Accident Fund trials — Court assessing applicant's character and remorse — Applicant failing to demonstrate genuine reformation or full disclosure of past misconduct — Application for readmission dismissed due to lack of evidence of fitness to practice and continued dishonesty.
Winding-up — Provisional winding-up order — Application for final winding-up — Applicant, FirstRand Bank, as cessionary of a claim for arrear rental against respondent, Mpileng Group — Respondent deemed unable to pay debts due to non-compliance with statutory demand and established commercial insolvency — Respondent's argument regarding non-joinder of TSA Properties rejected as it failed to demonstrate any legal prejudice — Court confirms entitlement of unpaid creditor to winding-up order where no valid defence is presented — Respondent placed under final winding-up.
Administrative Law — Eviction — Urgent application for eviction of unlawful occupiers — Municipality seeking to restrain respondents from entering and erecting structures on erven — Court ordering compilation of occupier list and provision of alternative accommodation — Interim interdict granted to prevent further unlawful occupation and damage to property — Emphasis on need for consultation with relevant governmental departments regarding housing solutions.
Administrative Law — Land Restitution — Co-management Agreement — Dispute regarding the election of representatives to the co-management committee of the Manyeleti Game Reserve — Manyeleti claimants alleging irregularities in the election process conducted by the Exco of the Manyeleti Communal Property Association — Court finding that the Exco's appointment of representatives was not in accordance with the co-management agreement, leading to the setting aside of the appointment and directing a special general meeting for proper elections.
Winding-up — Provisional winding-up — Liquidated claim — Applicant seeking provisional winding-up of respondent based on unpaid invoices — Respondent disputing applicant's creditor status — Agreement between parties established liability of respondent for services rendered — Respondent failed to prove existence of new agreement transferring liability to another entity — Applicant's claim upheld, and respondent placed under provisional winding-up order due to inability to pay debts.
Labour Law — Review of CCMA ruling — Jurisdictional ruling challenged by applicants regarding applicability of collective agreements — Applicants contended that disputes related to interpretation and application of agreements, while respondents argued that disputes were about breach and prescription — Labour Court upheld CCMA's ruling that it lacked jurisdiction to conciliate the matter, finding the disputes were not covered under section 24 of the Labour Relations Act — Review application dismissed as defective and without merit.
Contempt of court — Sentencing — Mitigation — Appellants sentenced for contempt without being invited to present evidence in mitigation — Court not obliged to call for mitigation mero motu where contemnor had opportunity to present mitigating factors during proceedings — Appeal dismissed.
Execution — Summary judgment — Application for summary judgment by FirstRand Bank Limited against Mahendra and Subashany Deoki for payment of R273 689.66 and declaration of immovable property as specially executable — Second respondent raises multiple defences including denial of indebtedness and claims of improper notice under the National Credit Act — Court finds that second respondent is jointly and severally liable as a mortgagor and that defences raised do not constitute a bona fide defence — Summary judgment granted in favour of the applicant.
Appeal — Rescission of judgment — Application for rescission of default judgment dismissed by court a quo — Appellant sought rescission on grounds of improper service and non-performance by Respondents — Court a quo found service adequate and dismissed application — Appellant contended it had a bona fide defence under exceptio non adimpleti contractus — Held, Appellant established a prima facie case for rescission, and the court a quo erred in dismissing the application; rescission granted.
Companies — Winding-up — Application for liquidation of company — Grounds for winding-up including inability to pay debts and just and equitable grounds — Dispute over existence of debt — Bona fide dispute on reasonable grounds precluding winding-up — Application stayed pending resolution of related divorce proceedings — Court declines to make determinations on disputed facts or costs at this stage.
Leave to appeal — Application for leave to appeal against judgment on liability in personal injury claim — Defendants found liable for 90% of damages after plaintiff fell from bicycle on cycle path maintained by defendants — Defendants' application for leave to appeal dismissed due to lack of reasonable prospects of success and failure to clearly articulate grounds for appeal — Costs ordered against first and second defendants jointly and severally.