Contempt of Court — Civil contempt — Application for contempt against Respondents for alleged non-compliance with interim interdict — Applicant failed to establish that the order was granted against the present Respondents — Knowledge of the order by Respondents established, but no wilful and mala fide disregard of the order demonstrated — Application dismissed with costs on an attorney and client scale.
Interdict — Defamation — Urgent application for final interdict against publication of defamatory statements on social media — Applicant alleges ongoing harm to dignity and reputation due to Respondent's statements — Respondent contends Applicant's prior conduct violated her rights, asserting abuse of process — Court finds urgency justified due to threats received by Applicant — Applicant establishes clear right to dignity, actual injury from defamatory statements, and absence of adequate alternative remedy — Respondent's freedom of expression does not extend to defamatory publications inciting violence — Final interdict granted, prohibiting further publication and requiring removal of statements and an apology.
Delict — Road Accident Fund — Claim for damages arising from motor vehicle collision — Plaintiff representing deceased's children — Court finding no negligence on part of insured driver — Plaintiff failing to prove liability under section 17 of the Road Accident Fund Act — Claim dismissed.
Jurisdiction — Labour Court — Urgent applications for breach of contract — Applicant sought urgent payment of salary following reinstatement after unfair dismissal — Court held that it has jurisdiction to consider urgent applications but requires exceptional circumstances — Applicant failed to demonstrate urgency, as application not made at first opportunity and substantial redress available through ordinary proceedings — Application struck from the roll with costs.
Pleadings — Exception — Lack of cause of action — Third defendant joined as a party without any relief sought against it — Plaintiff's particulars of claim alleged a partnership and breach of contract involving the third defendant — Exception dismissed as the third defendant's presence warranted due to its substantial legal interest in the matter — Pleadings read as a whole, establishing a cause of action against the first defendant and implicating the third defendant.
Delict — Negligence — Liability for injuries sustained by a minor when allegedly pushed from a train — Plaintiff, as curator ad litem, claiming damages for injuries sustained when the minor was pushed out of an open train door and struck by an oncoming train — Defendant denying liability and asserting that the minor jumped from the train — Court finding discrepancies in the minor's testimony and lack of credible evidence supporting the claim — No liability established against the Defendant.
Children — Minor child — Curator ad litem — Appointment of — Application for urgent appointment of curator ad litem to safeguard interests of minor child pending trial for joint care and co-guardianship — Urgency not established as application was self-created and did not demonstrate immediate risk to child — Appointment of curator ad litem deemed unnecessary at this stage — Application struck from the roll with costs.
Spoliation — Mandament van spolie — Urgent application for access to premises to retrieve movable property — Applicant failed to establish peaceful possession and unlawful deprivation — Founding affidavit deficient in primary facts; reliance on replying affidavit to cure deficiencies impermissible — Material dispute of fact regarding alleged lock-out — Application dismissed.
Insolvency — Provisional sequestration — Application for provisional sequestration of respondent's estate by FirstRand Bank Limited based on alleged acts of insolvency and inability to pay debts exceeding R3.7 million arising from a suretyship agreement — Respondent opposed application on grounds of improper service and availability of alternative remedies — Court held that service on respondent's attorneys was sufficient, as respondent had knowledge of proceedings and suffered no prejudice, thus application for sequestration granted.
Leave to appeal — Condonation for late filing — Application brought 35 days late by Gauteng Liquor Board following a court order compelling the issuance of a temporary liquor license to Golden Candle Bed & Breakfast — Explanation for delay deemed inadequate, with no compelling reasons presented for the appeal — No reasonable prospects of success on appeal identified — Application for condonation and leave to appeal refused, with costs awarded against the Board.
Urgent application — Provisional order — Dispute within political movement — Applicants sought final interdictory and declaratory relief regarding the validity of a Cadre Assembly and related decisions — Court held that applicants failed to establish urgency and were not entitled to final relief on motion — Rule nisi not confirmed and counter-application dismissed.
Community Schemes — Appeal against adjudicator's order — Appellant, a member of a community scheme, appealed an order requiring payment of arrear levies — Appellant sought to vary payment terms due to financial difficulties — Appeal dismissed as it raised no question of law and was based on speculative grounds regarding future compliance — Condonation granted for late filing of appeal, but substantive appeal found to lack merit.