Suretyship — Liability — Respondent bound as surety for principal debtor's loan — Applicant seeking payment under suretyship agreement — Respondent contesting validity of suretyship and alleging premature application — Court finding that no genuine dispute of fact exists regarding respondent's liability — Judgment granted for payment of amount owed plus interest and costs.
Insolvency — Provisional sequestration — Respondent seeking postponement to obtain legal representation — Court previously warned respondent against further postponements — Respondent's failure to comply with court orders and timelines — Court granting one last indulgence for legal representation, emphasizing no further indulgences will be afforded — Respondent's conduct viewed as delaying tactics.
Administrative Law — Leave to appeal — Applicant sought leave to appeal against a judgment dismissing his review application regarding exclusion and re-registration decisions by the University of Johannesburg — Court found that the decisions were distinct and the review was moot, as both decisions led to the same outcome of the applicant being unable to continue his studies — Application for leave to appeal dismissed on grounds of lack of justiciability and failure to engage with the merits of the case.
Companies — Company name — Application for default order — Applicant, DC Comics, seeking to compel First Respondent, JUSTICE LEAGUE (PTY) LIMITED, to change its name due to trademark infringement — First Respondent failing to respond to application — Tribunal finding that First Respondent's name is identical to Applicant's well-known trademark, violating Section 11(2)(a)(iii) of the Companies Act — Default order granted for name change.
Adjudication — Enforcement of adjudicator's determination — Appeal against enforcement of adjudicator's decision — City of Cape Town contended that the adjudicator lacked jurisdiction and that the determination was unenforceable — Court a quo upheld the enforcement application — Appeal court found that the adjudicator's determination was not binding due to jurisdictional issues and set aside the lower court's order, declaring the determination unenforceable in its entirety.
Landlord and Tenant — Commercial Lease — Summary Judgment — Ejectment — Plaintiff seeking recovery of possession of commercial premises after lease cancellation due to defendants' failure to pay rent — Defendants challenging plaintiff's standing and the validity of the cession — Court finding that the plaintiff, as successor landlord, is entitled to enforce the lease and recover possession based on post-transfer breaches — Summary judgment granted for ejectment.
Public Office Bearers — Leave Entitlement — Commissioner for Gender Equality claiming compensation for unused leave — Court finding that public office bearers do not have employee status and thus are not entitled to leave benefits as defined by employment law — Leave policy of the Commission deemed unlawful as it attempts to confer employee-like benefits on commissioners — Claim for compensation dismissed.
Eviction — Unlawful occupation — Applicants seeking eviction of Respondents from holiday resort property due to non-payment of levies — Respondents claiming ownership based on prior agreements — Court finding that Respondents failed to prove payments and that eviction is just and equitable under the PIE Act — Eviction order granted.