Companies — Jurisdiction — Tribunal's authority to interpret Memorandum of Incorporation — Applicant sought removal of Respondent as director and challenged validity of share sale under company's MOI — Respondent raised points in limine regarding Tribunal's lack of jurisdiction and Applicant's standing — Tribunal held it lacks jurisdiction to adjudicate disputes concerning the interpretation of the MOI, which are contractual in nature and fall under the High Court's jurisdiction — Applicant not recorded as a shareholder in the securities register and therefore lacks standing to bring application under section 71(8)(b) of the Companies Act 71 of 2008.
Civil Procedure — Amendment of particulars of claim — Application to amend particulars of claim in a medical negligence case — Plaintiff alleging bodily injury due to defendants' negligence — Hospital's objections to amendment, including citation issues, prescription, lack of particularity, and unspecified legal duty — Court finding that objections lack merit and allowing the amendment as it does not prejudice the defendants or introduce a new cause of action.
Restitution of Land Rights — Settlement Agreement — Application to make settlement agreement an order of Court — Agreement between Municipality and Department regarding land claim under Restitution of Land Rights Act — Court finding it lacks jurisdiction to make agreement an order in absence of litigation — Dismissal of application as no dispute before the Court.
Labour Law — Review of arbitration award — Applicant seeks review of dismissal by Gauteng Department of Roads and Transport following arbitration proceedings — Applicant charged with misconduct related to procurement irregularities and insubordination — Arbitration conducted over 20 days, resulting in a recommendation for dismissal — Applicant contends that the award should be set aside and seeks reinstatement with back pay — Legal issue revolves around the grounds for review under section 145 of the Labour Relations Act 66 of 1995 — Court finds that the arbitration award was not unreasonable and dismisses the review application, upholding the dismissal.
Winding-up — Application for winding-up — Applicants seeking final winding-up order against respondent on grounds of inability to pay debts — Respondent disputing liability under acknowledgment of debt (AOD) and asserting bona fide dispute regarding claimed amount — Court holding that winding-up proceedings are not appropriate for enforcing a debt that is genuinely disputed on reasonable grounds — Application dismissed as the respondent demonstrated a bona fide dispute over the indebtedness claimed by the applicants.
Summary Judgment — Application for summary judgment — Compliance with Uniform Rules of Court — Defendant's email not constituting valid plea — Plaintiff sought summary judgment based on alleged non-compliance with plea requirements — Court found that the email did not address all material facts, lacked a prayer, and was unsigned, thus failing to meet the criteria set out in Rules 18(1) and 22 — Summary judgment application dismissed with costs as premature.
Delict — Road Accident Fund — Claim for damages arising from motor vehicle accident — Plaintiff seeking damages for past and future loss of earnings and future medical expenses — Defendant failing to file notice of intention to defend — Plaintiff granted default judgment — Court finding insufficient evidence of negligence on the part of the insured driver — Plaintiff's failure to keep a proper following distance and lookout contributing to the accident — Claim dismissed due to lack of a prima facie case against the Defendant.
Lease — Repudiation of lease agreement — Plaintiff sought payment of arrear rental and damages from First Defendant, with Second and Third Defendants as sureties — First Defendant counterclaimed for deposit and alterations, alleging Plaintiff's repudiation of the lease — Court found no repudiation by Plaintiff as lease remained extant and no notice of cancellation was given — Defendants' claims dismissed, and Plaintiff entitled to arrears.
Labour Law — Strike — Interdict against strike — Applicant sought urgent interdict to prevent strike by respondent union — Applicant contended strike was unprotected due to centralised bargaining requirements under MIBCO constitution — Respondent argued strike was protected based on prior agreements and demands not regulated by MIBCO — Court found prima facie case for unprotected strike established and granted interim interdict against strike pending further proceedings.
Customary Marriage — Validity of Marriage — Application to declare customary and civil marriages null and void based on alleged prior customary marriage — Applicant claims customary marriage with First Respondent — Court finds Applicant failed to prove existence of such marriage — Application dismissed.
National Credit Act — Appeal — Participants in a hearing — Liquidators of a company found to have engaged in prohibited conduct under the National Credit Act did not participate in the Tribunal hearing due to absence — Supreme Court of Appeal held that physical presence is required to be considered a participant in the hearing for the purposes of appealing — Liquidators' appeal dismissed as they were not participants, thus lacking jurisdiction to appeal the Tribunal's remedial orders.
Damages — Road Accident Fund — Future loss of earning capacity and general damages — Plaintiff, representing her minor son injured in a motor vehicle collision, claimed compensation for future loss of earnings and general damages after the defendant conceded liability — Court assessed future loss of earning capacity at R4 120 425.00 and awarded general damages of R1 100 000.00 — Defendant ordered to pay the total amount and provide an undertaking for future medical expenses, with specific directions regarding the management of the awarded capital and costs.