Contract — Payment — Urgent application for payment of outstanding amount due under contracts for subsidized bus services — Applicant (Putco) seeking payment of R154,400,171.87 for services rendered — Respondents (Gauteng Transport) asserting inability to pay due to budgetary constraints and disputing amount owed — Court finding that contractual obligations must be honored and that the applicant had provided the services as contracted — Order granted for payment with costs on a punitive scale against the respondents.
Damages — Road Accident Fund — Claim for damages arising from personal injuries sustained in a motor vehicle accident — Plaintiff awarded damages for general damages, past and future medical expenses, and past and future loss of earnings — Defendant's defence struck out due to non-participation in litigation — Court evaluated expert evidence and determined the plaintiff's claim based on medical reports and assessments — Plaintiff's injuries included head trauma and cognitive impairments, impacting his ability to work and resulting in significant financial loss.
Divorce — Division of joint estate — Appeal against specific orders in divorce decree — Appellant challenging orders regarding valuation of shares and spousal maintenance — Court a quo granting divorce and ordering valuation of shares in M[...] C[...] Incorporated and monthly maintenance of R2000 — Appellant contending that respondent failed to prove entitlement to shares and maintenance, and that the court misapplied legal principles — Appeal court finding that the Regional Magistrate erred in her assessment of evidence and legal principles regarding both the share valuation and maintenance, leading to the conclusion that the appeal should succeed.
Criminal Law — Premeditated murder — Identification evidence — Accused charged with premeditated murder following the shooting of the deceased while in a vehicle with his wife — Witness identification at an identification parade and in court — Accused's application for discharge under section 174 of the Criminal Procedure Act — Court finds sufficient evidence presented by the state to proceed with the trial.
Company Law — Business Rescue Proceedings — Section 133(1) of the Companies Act 71 of 2008 — Applicant sought leave to proceed with an application against Seacow Properties (in Business Rescue) and its Business Rescue Practitioners (BRPs) — Applicant's creditor status contested — Court confirmed applicant as a creditor entitled to participate in business rescue — Application for removal of BRPs under section 139(2) of the Act — Applicant failed to prove justification for removal on the balance of probabilities — Application partially granted, with costs awarded against the respondents.
Bail — Application for bail — Appellant charged with 34 counts of fraud related to funeral insurance policies — Bail application refused by Magistrates’ Court — Appellant appeals against refusal of bail — Court considers interests of justice versus personal freedom of accused — Presiding magistrate found likelihood of witness intimidation and community outrage if bail granted — Appeal court upholds refusal of bail, finding no error in the lower court's decision based on the evidence presented and the seriousness of the charges.
Labour Law — Unfair dismissal — Review of arbitration award — Applicant challenging fairness of dismissal for misconduct related to misrepresentation of stock figures — Arbitrator finding dismissal fair based on evidence of dishonesty and breakdown of trust — Court dismissing review application, confirming arbitrator's decision as reasonable and supported by evidence.
Insolvency — Provisional sequestration — Application for provisional sequestration of debtor's estate — Creditor established prima facie case of debtor's insolvency through failure to satisfy judgment debt — Debtor's late claim of improper service of writ contradicted by prior acknowledgment of debt — Court found no special circumstances to deny sequestration — Provisional sequestration order granted.
Insolvency Law — Sequestration — Final sequestration of joint estate — Body Corporate applying for sequestration due to unpaid levies — Respondents contesting on grounds of lack of notice and alleged solvency — Court finding that respondents committed an act of insolvency and failed to substantiate claims of solvency — Final sequestration order granted as no special circumstances warranting discretion against it were demonstrated.
Jurisdiction — Special pleas — Dismissal of special pleas of jurisdiction by Regional Court — Appellants contending cause of action did not arise within Kliptown Regional Court's jurisdiction — First and second appellants' claim related to sheriff's fees for execution of writ issued by Western Cape High Court — Third appellant's claim involved storage costs for attached goods — Appellants arguing jurisdictional facts not satisfied as actions arose outside the court's area — Court finding that whole cause of action must arise within jurisdiction for Magistrates' Court to have authority — Appeal dismissed, special pleas upheld.
Insolvency Law — Provisional sequestration — Locus standi — Applicants, liquidators of a company, seeking provisional sequestration of respondent's estate based on alleged debt of R88,797.40 — Court finding that payments made to respondent constituted loans or theft, not impeachable dispositions — Applicants establishing liquidated claim on prima facie basis, thus having locus standi to bring application for sequestration.
Contempt of court — Application for leave to appeal — Applicant found in contempt of interim maintenance order — Appeal dismissed for lack of reasonable prospect of success — Applicant failed to comply with court order to institute maintenance proceedings — Court emphasizes need for proper inquiry into Applicant's financial means — No merit in grounds raised for appeal; costs awarded against Applicant.