Arbitration — Interim relief — Stay of arbitration proceedings — Applicant seeking stay pending review of arbitrator's ruling on jurisdictional challenge — Court applying test for interim relief, finding urgency established — Jurisdictional ruling deemed potentially dispositive of the matter — Stay granted pending finalisation of review application.
Civil Procedure — Mediation — Rule 41(A) application to compel compliance — Applicants served Rule 41(A) notice, respondents failed to respond within stipulated time — Court finding that respondents' delay and refusal to address costs constituted a full-hardiness — Respondents ordered to pay costs incurred in launching the application to compel and further costs due to frivolous opposition.
Eviction — Unlawful occupation — City of Tshwane Metropolitan Municipality seeking eviction of respondents from property — Respondents claiming lawful occupation based on historical consent — Court finding respondents are unlawful occupiers as they failed to prove consent — Procedural compliance with PIE Act established — Eviction order granted with a six-month suspension to mitigate homelessness risk.
Summary Judgment — Mortgage Loan Agreement — Plaintiff seeking summary judgment against defendant for arrears under mortgage loan — Defendant admitting default but raising defences of reckless credit and over-indebtedness — Court finding no bona fide defence established — Summary judgment granted with conditions for open-market sale of property to avoid immediate eviction.
Inquest — Review — Findings of magistrate regarding presumed death — Child swept away during flooding — Magistrate confirming death under s 16(1) of Inquests Act 58 of 1959 — Review confirming magistrate's findings and correcting gender error — No evidence of wrongdoing by any person — Findings in accordance with justice.
Administrative Law — Interdict — Legality interdict against unlawful retail activities — Applicant alleging First Respondent selling petroleum products without a retail license — Court finding that First Respondent failed to provide evidence of a retail license and did not adequately contest allegations — Interdict granted to prevent First Respondent from conducting illegal retail activities.
Delict — Motor vehicle collision — Claim for damages against Road Accident Fund — Plaintiff seeking compensation for injuries sustained — Court finding both Plaintiff and insured driver equally negligent — Plaintiff awarded 50% of proven damages with costs — Quantum postponed sine die.
Interdict — Interim interdict — Applicant seeking interdict against respondents to prevent interference with access to property — Respondents disallowing access without following breach procedure in agreement — Court confirming rule nisi and granting interdict to protect applicant's rights pending final determination of related actions — Respondents restrained from harassing applicant's staff and making defamatory statements.
Property Law — Transfer of ownership — Interpretation of settlement agreement — Applicant seeking cancellation of deed of sale and transfer of property to trust — Dispute over whether transfer was validly executed and whether payment obligations were fulfilled — Court finding that the settlement agreement constituted a full and final settlement of all claims, including those related to the property, and dismissing the application.
Vexatious Litigation — Security for costs — Applicants seeking security for costs in multiple vexatious actions instituted against them by respondents — Court finding that the respondents' actions were indeed vexatious and without reasonable grounds — Security for costs granted and respondents declared vexatious litigants, requiring leave of court for future proceedings.
Legal Practice — Disciplinary proceedings — Application to strike attorney from roll — First Respondent found to have misappropriated trust funds and failed to comply with professional conduct standards — Evidence of dishonesty and misconduct established — Court concluding that striking off the roll is the appropriate sanction due to irreparable damage to the profession's integrity.
Labour Law — Unfair dismissal — Review of arbitration award — Employee dismissed without a hearing for alleged misconduct — Award found dismissal to be substantively and procedurally unfair — Employer's application to review and set aside the award partially granted, with correct amounts for leave pay and outstanding salary awarded — Court finding no irregularities warranting interference with the award regarding dismissal.