Delict — Road accident — Claim for loss of earnings — Plaintiff, a minor at the time of the accident, sustained a moderate traumatic brain injury resulting in cognitive impairments — Court assessed future earning capacity based on pre-morbid and post-morbid scenarios — Expert evidence indicated a one-year delay in obtaining a Master's degree and increased vulnerability in career prospects — Court held that the plaintiff is entitled to compensation for loss of earning capacity, factoring in actuarial calculations and contingencies, resulting in a total loss of earnings quantified at R1 430 438.
Eviction — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Application for eviction of respondent from property — Dispute of facts regarding existence of tenancy agreement and lawful occupation — Matter referred for oral hearing under Rule 6(5)(g) due to unresolved factual disputes. The applicant sought to evict the first respondent from his property, claiming unlawful occupation following the cancellation of a tenancy agreement. The respondent contested the existence of the agreement and asserted her occupation was lawful based on alleged co-ownership. The court found that the factual disputes necessitated an oral hearing to resolve the issues.
Sequestration — Jurisdiction — Appeal against final sequestration order — Appellant contending lack of jurisdiction based on alleged domicile in Cape Town — Respondent asserting jurisdiction based on appellant's residence in Bloemfontein — Court a quo finding appellant failed to prove permanent residence in Cape Town — Appeal dismissed, confirming court a quo had jurisdiction to order sequestration.
Administrative Law — Appeal — Application for leave to appeal — Applicants contending that the respondents failed to provide adequate reasons for their decision and that internal remedies were not available — Court finding that another court would not conclude that reasons were not provided or that internal remedies were exhausted — Applicants aware of internal appeal mechanism but failed to utilize it — Application for leave to appeal refused with costs.
Leave to appeal — Final interdict — Application for leave to appeal against judgment granting final interdict for defamation — Respondent's publications concerning applicant's family and professional affiliations — Court finding that applicant met requirements for final interdict, including clear right and reasonable apprehension of irreparable harm — Respondent's application for leave to appeal dismissed with costs.
Labour Law — Voluntary Retrenchment Package — Validity of agreement — Applicant sought to declare VRP agreement invalid, alleging misrepresentation and duress — Respondent contended applicant could not approbate and reprobate, having accepted the VRP terms — Applicant accepted VRP and signed agreement acknowledging voluntary consent and understanding — Court held that the applicant failed to demonstrate material misrepresentation or duress, and was bound by the terms of the VRP agreement, thus dismissing the application.
Criminal Law — Appeal against conviction — Appellant convicted of rape in Regional Court — Defence of consent raised — Appeal focused on credibility of witnesses and treatment of single witness evidence — Court finding no material misdirection in trial court's evaluation of evidence — Appeal dismissed as State proved guilt beyond reasonable doubt.
Pleading — Exception — Vagueness and embarrassment — Defendants excepting to plaintiff’s amended particulars of claim on grounds of vagueness and failure to disclose a cause of action — Defendants concede that particulars disclose a cause of action but argue that they are vague and embarrassing — Court finds that the particulars adequately plead the terms of the agreement and do not leave the defendants guessing as to the case they must meet — Exception dismissed.
Medical negligence — Hysterectomy — Claim for damages arising from alleged negligence during caesarean section — Respondent suffered severe post-partum haemorrhage necessitating hysterectomy — Appellant's employees accused of failing to provide timely medical care — Absence of medical records leading to inference of negligence — High Court found in favour of respondent, awarding damages — Appeal upheld in part, confirming negligence but dismissing claim for lack of support and counselling.
Criminal Law — Rape — Conviction and sentencing under minimum sentence provisions — Appellant convicted of raping a 15-year-old complainant on three occasions — Evidence from complainant, corroborated by teacher and medical expert, deemed credible and reliable — Appellant's denial found to lack merit — Life imprisonment imposed as prescribed minimum sentence — No substantial and compelling circumstances warranting deviation from sentence — Appeal against conviction and sentence dismissed.
Pension Law — Interpretation of s 37C(1) of the Pension Funds Act 24 of 1956 — South African Retirement Annuity Fund appeals against the decision of the Pension Funds Adjudicator directing payment of a death benefit to the deceased's dependants — Fund contends that the 12-month period for tracing dependants begins on the date of the member's death, asserting that failure to trace within this period mandates payment to the estate — High Court and Adjudicator reject this interpretation, emphasizing the Fund's obligation to trace dependants regardless of the 12-month period — Appeal dismissed, confirming the Adjudicator's order.
Rescission — Default judgment — Application for rescission of default judgment granted in favour of plaintiff — Applicant contending that judgment was entered while its application to uplift bar was pending — Court finding that applicant was not heard at the hearing and that the order was a default judgment — Default judgment for unliquidated claim deemed irregular and rescinded.