Companies — Director removal — Application for removal of director under section 71(8) of the Companies Act 71 of 2008 — Applicant sought removal of Respondent as director of Outbound Arms Mossel Bay Pty (Ltd) on grounds of invalid appointment and unfitness — Respondent appointed without Applicant's consent or knowledge, allegedly as a proxy for a third party — Tribunal found insufficient evidence of neglect or dereliction of duties by Respondent — Application dismissed due to lack of specific factual allegations supporting claims of neglect or invalid appointment.
Appeal — Leave to appeal — Application for leave to appeal against judgment — Requirements of section 17(1) of the Superior Courts Act, 2013 — Applicant must demonstrate reasonable prospect of success and compelling reasons for appeal — Court finds no sound basis for appeal and dismisses application — Costs awarded to the respondent.
Eviction — Urgent eviction application — Authority of agent to institute proceedings — Applicant sought eviction of Respondent from leased premises, asserting authority based on a resolution passed by its board — Respondent contested the validity of the resolution, claiming lack of notice and participation in the decision-making process as required by section 74 of the Companies Act 71 of 2008 — Court found that the resolution was adopted without proper notice to all directors, rendering it defective and the agent's authority to act on behalf of the Applicant invalid — Application for eviction dismissed.
Divorce — Amendment of particulars of claim — Application to amend particulars of claim in divorce action to include claim regarding antenuptial contract — Applicant sought to insert claim of double exclusion rendering antenuptial contract void or rectifiable — Respondent objected, asserting that amendment would render particulars vague and excipiable — Court held that intended amendment lacked essential averments to support claims, rendering it vague and embarrassing, and dismissed the application for leave to amend.
Interlocutory relief — Interim attachment — Application for interim attachment of motor vehicle pending trial — Applicant seeking return of vehicle under instalment sale agreement — Respondent's possession of vehicle since 2014, with disputes regarding outstanding payments — Court finding that applicant established prima facie right but failed to demonstrate irreparable harm or balance of convenience in favour of granting interim relief — Application dismissed.
Appeal — Leave to appeal — Application for condonation — Applicant sought leave to appeal a dismissal of its review application against the fifth respondent's conduct — Application for condonation granted for late filing of submissions due to difficulties in securing instructions — However, leave to appeal dismissed as applicant failed to demonstrate reasonable prospects of success, lacking necessary documentary evidence to support its claims — Material factual disputes not resolved in applicant's favor.
Discrimination — Employment — Unfair discrimination based on gender in recruitment process — Appellant excluding male candidate for CFO position in favor of female candidate after interviews — Court finding that the introduction of gender representivity was not justified and constituted unfair discrimination — Damages awarded to the male candidate for loss of earnings due to the discriminatory hiring practice.
Tort — Unlawful arrest and detention — Application for default judgment for damages arising from unlawful assault, arrest, and detention by police — Plaintiff assaulted and detained without charge for approximately nine hours, suffering a serious leg injury — Court required to evaluate evidence despite unopposed nature of the claim — Liability for assault established through medical records and plaintiff's testimony — Unlawful detention confirmed due to lack of lawful justification — Award of R120 000 for unlawful arrest and detention, and R450 000 for general damages for bodily injury, reflecting the severity of the assault and its impact on the plaintiff's life and employment.
Constitutional Law — Political Party Funding — Urgent constitutional litigation regarding alleged lacuna in political party donation thresholds and disclosure limits prior to the 2024 national elections — My Vote Counts NPC sought a rule nisi to maintain previous thresholds pending new determinations under the Electoral Matters Amendment Act — Court a quo granted rule nisi but denied interim operational relief and issued costs orders — Appeal confined to costs orders — Court held that the costs orders were improperly exercised, given the substantial success of the public-interest litigant and the principles of the Biowatch case — Appeal upheld, costs orders set aside and substituted.
Trade Marks — Infringement and Passing Off — Appeal against dismissal of application for interdictory relief based on alleged trade mark infringement and passing off — Appellant, National Brands Limited, claimed that respondent, Continental Biscuit Manufacturers, produced a biscuit similar in shape and appearance to its registered PROVITA mark — Court a quo found that the appellant's registered mark was limited to the word "PROVITA" and not the biscuit shape — Appeal court held that the court a quo misdirected itself by failing to recognize the distinctive shape as part of the registered mark — Established that the respondent's product likely infringed the appellant's trade mark under sections 34(1)(a) and 34(1)(c) of the Trade Marks Act and constituted passing off — Appeal upheld, finding likelihood of confusion and misrepresentation due to the similarity in product appearance.
Administrative Law — Service delivery — Right to access basic services — Applicants, community members, seeking order compelling Municipality to repair dilapidated access road — Municipality denying road is dilapidated and asserting no complaints were made — Court finding Municipality has a constitutional duty to provide basic services and must comply with service delivery obligations — Order granted for repairs within specified time frame.
Delict — Road accident — Liability for damages — Plaintiff injured in truck accident — Defendant's claim of sole negligence repudiated — Defendant failed to file plea or participate in proceedings — Court finds plaintiff established negligence on balance of probabilities — Defendant held 100% liable for damages — Assessment of damages for loss of earnings requires consideration of contingencies and future employment prospects — Court adjusts actuarial calculations to reflect realities of plaintiff's pre-existing condition and current earning capacity — Award of damages determined to be fair and reasonable in light of circumstances.