Criminal Law — Assault with intent to cause grievous bodily harm — Appellant convicted of two counts of assault against his girlfriend — Evidence presented included testimony from the complainant and corroborating witnesses — Appellant's appeal against conviction dismissed as the trial court's findings were upheld, with no merit found in the grounds of appeal.
Delict — Road Accident Fund — Damages for personal injuries — Plaintiff seeking damages for injuries sustained in a motor vehicle collision — Court granting default judgment in favor of Plaintiff — Defendant held liable for 100% of proven damages — Future medical expenses awarded in terms of section 17 of the Road Accident Fund Act — Evidence admitted by affidavit under Rule 38(2) due to Defendant's non-participation.
Administrative Law — Municipal Services — Billing Dispute — Applicant seeking relief regarding disputed electricity account — City failing to resolve complaint lodged in February 2022 — Court refusing to grant relief for meter replacement and billing adjustments, ordering instead that City Manager determine the pending appeal and provide a revised statement of account — Court emphasizing the need for the City to investigate and respond to the applicant's complaint.
Criminal Law — Sentencing — Appeal against life sentence for murder — Appellant convicted of premeditated murder while acting in common purpose — Court a quo failing to consider cumulative effect of personal circumstances and time spent in custody — Appeal dismissed, life sentence confirmed as no substantial and compelling circumstances found to justify deviation from minimum sentence.
Eviction — Unlawful occupation — Prevention of Illegal Eviction from Unlawful Occupation of Land Act 19 of 1998 — City of Cape Town seeking eviction of respondents from property — Respondents claiming historical ties to property — Court finding respondents in unlawful occupation and eviction just and equitable — Interdict granted to prevent re-entry after eviction.
Customs and Excise — Customs valuation — Appeal against value determination — Applicant contending that trade discount should not be included in customs value — Respondent asserting that discount is preferential and should be included — Court finding that the primary basis for customs value is the transaction value, which includes the discount — Value determination by the respondent set aside.
Service — Substituted service — Application for substituted service under Regulation 7(3)(a) of the Companies Act — Applicant unable to locate Respondent's address for service — Court permitting service via email, WhatsApp, or social media as adequate means of communication — Order granted for substituted service.
Liquidation — Leave to appeal — Section 17(1)(a)(i) of the Superior Courts Act — Respondent seeking leave to appeal against liquidation order — Court determining whether a genuine and reasonable dispute existed regarding the debt — Court finding that Livestock failed to demonstrate a bona fide dispute on reasonable grounds — Leave to appeal dismissed with costs.
Civil Procedure — Withdrawal of action — Uniform Rule 41(1)(a) — Plaintiff seeking to withdraw action after set-down without consent of defendant or leave of court — Court granting leave to withdraw but addressing scale of costs — Tender of party-and-party costs not binding on court — Plaintiff's continued prosecution of action after practical purpose had lapsed deemed vexatious — Punitive costs awarded on attorney-and-client scale for period post-mootness.
Sectional title — Body corporate — Liability for repair and replacement of prepaid water meter — Appellant claiming body corporate responsible for maintenance post-warranty — Court finding prescribed management rule 29(3) does not impose continuing obligation on body corporate after installation — Appeal dismissed as legally correct despite adjudicator's failure to interpret rule properly.
Administrative Law — Municipal Billing Dispute — Applicant challenging the accuracy of water services billing by the City of Johannesburg after property transfer — City acknowledging a credit due but failing to resolve the applicant's disputes — Court refusing substantive relief due to lack of proof and ordering the City to determine the applicant's appeal — Live dispute exists regarding specific invoices and credit balance.
Civil Procedure — Exception — Particulars of claim — Defendants excepting to plaintiff's claim on grounds of vagueness and lack of necessary averments — Court finding that particulars comply with rule 18(6) of the Uniform Rules of Court — Exception dismissed as defendants failed to show that no cause of action is disclosed.