Civil Procedure — Exception — Vague and embarrassing particulars of claim — Defendant raising exception to plaintiff's amended particulars of claim on grounds of vagueness and lack of necessary averments — Court finding that plaintiff failed to plead material terms of insurance policy, essential terms of cession agreement, and sufficient details of breach — Exception upheld, requiring plaintiff to amend particulars of claim.
Execution — Sale in execution — Mortgage loan agreement — Applicant sought payment of R2 195 829.43 and declaration of immovable property as specially executable — Respondent, unrepresented, requested postponement to obtain legal representation and present further financial information — Request for postponement refused due to lack of supporting evidence and previous failures to fulfill payment arrangements — Applicant established indebtedness and compliance with section 129 of the National Credit Act — Court satisfied that execution against the property was justified, and granted judgment in favor of the applicant.
Exceptions — Pleadings — Exception to amended particulars of claim — Plaintiff advancing three claims, two contractual and one based on unjustified enrichment — Defendant contending that the agreements are partnership agreements, requiring dissolution and accounting before repayment can be claimed — Court finding that the agreements could be interpreted in multiple ways, allowing for the possibility of a non-partnership construction — Exception to Claims A and B dismissed — Claim C found to lack necessary material facts to sustain an enrichment claim, with legal conclusions insufficiently pleaded — Exception to Claim C upheld, plaintiff granted leave to amend.
Rescission of judgment — Default judgment — Application for rescission based on alleged non-compliance with section 129 of the National Credit Act — Applicant contending that judgment was erroneously granted due to improper delivery of notice — First respondent providing evidence of compliance with section 129 through registered post and electronic delivery — Applicant failing to file replying affidavit or engage with first respondent's evidence — Court finding that applicant did not establish grounds for rescission under rule 42(1)(a) or common law — Application for rescission dismissed.
Insolvency — Liquidation proceedings — Application for release of funds from trust account — Applicant sought order directing first respondent to release funds, asserting they did not form part of insolvent estate of second respondent — Application struck from roll due to final liquidation of second respondent and operation of section 359(1)(a) of Companies Act — Court held that continuation of proceedings was barred, and punitive costs awarded against applicant for persisting with application despite clear warnings of its incompetence post-liquidation.
Contract — Enforcement of expert determination — Applicant sought enforcement of a quantity surveyor's determination regarding the value of building works performed for the respondent — Respondent contended that the expert failed to determine the indebtedness between the parties and raised genuine disputes of fact — Court held that the expert's mandate was limited to determining the value of the works, and the resulting indebtedness followed from the determination and payments made — Respondent ordered to pay the determined amount as per the contractual agreement.
Criminal Procedure — Further particulars — Application for further particulars regarding curricula vitae and witness list — Appellant charged with multiple counts of fraud and contraventions of the Prevention of Organised Crime Act — Magistrate dismissed application for further particulars, finding them unnecessary for pleading — Appellant contended that refusal violated her right to a fair trial — Issue of whether the magistrate correctly exercised discretion under section 87(1) of the Criminal Procedure Act — Appeal dismissed; magistrate's discretion upheld as proper and consistent with the provisions of the Act.
Family Law — Divorce — Rule 43 application — Applicant seeking contribution towards legal costs in divorce proceedings — Court granting contribution of R50,000 based on disparity in financial means between parties and necessity for equitable access to legal representation — Respondent's technical objections dismissed as meritless, emphasizing the need for swift resolution in matrimonial matters.
Insolvency — Sequestration — Application for final sequestration of respondent's estate — Applicants claiming R1.5 million based on three acknowledgments of debt — Respondent disputing indebtedness and claiming ongoing action proceedings — Court finding that the respondent failed to demonstrate a bona fide dispute on reasonable grounds — Final sequestration order granted.
Unlawful Arrest and Detention — Reasonable suspicion — Plaintiff arrested without warrant for possession of suspected stolen property — Plaintiff contended arrest was unlawful due to insufficient grounds for reasonable suspicion — Defendant established reasonable suspicion based on circumstances including inability to produce proof of ownership and vehicle's condition — Court held arrest and detention lawful, claim dismissed.
Arbitration — Review of arbitration award — Applicant seeking to review and set aside arbitration awards due to exclusion from proceedings — Allegation of gross irregularity in arbitrator's conduct — Court finding that the arbitrator acted within the scope of authority and in accordance with the rules — Application dismissed with costs.
Application for leave to appeal — Review application struck from roll for lack of territorial jurisdiction — Applicant sought to introduce new arguments based on s 109(2) of the Local Government: Municipal Systems Act 32 of 2000, which were not raised in the court below — Whether court obliged to raise jurisdictional point mero motu — Held that point was not apparent on the papers — Applicant not without remedy — Application for leave to appeal dismissed with costs.