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Co-Ownership — Dispute over management and expenses of co-owned properties — Applicants, owning 45% of three shopping centres, sought to prevent the first respondent from deducting expenses from their rental income pending litigation — First respondent argued expenses were necessary and should be paid from applicants' share — Court held that the applicants were entitled to 45% of the rental income to be held on trust, and that the first respondent could not unilaterally incur expenses without unanimous consent as required by the Co-Ownership Agreement.
Civil Procedure — Irregular steps — Application to compel discovery and compliance with subpoenas — Appellants objecting to omnibus notice of motion as irregular — Court finding no irregularity or prejudice — Appeal dismissed with costs on a punitive scale — Court emphasizing that different causes of action may be joined in a single proceeding if justified by convenience and equity.
Leave to appeal — Application for leave to appeal against judgment upholding exception to particulars of claim — Applicants contending that another court may interpret particulars to disclose a cause of action — Court finding that the particulars must be read as a whole and that para 32 of the particulars does disclose a cause of action — No punitive costs order made, but costs awarded on scale C due to complexity — Leave to appeal granted.
Arbitration — Review of arbitration award — Grounds for review — Allegations of gross irregularity and misconduct by arbitrator — Applicant sought to set aside an arbitration award dismissing its claim against the third respondent — Applicant contended that the arbitrator exceeded his powers and displayed bias — Court held that the grounds for review under section 33(1) of the Arbitration Act require a stringent standard, and that mere errors do not constitute misconduct — Application dismissed, and award upheld.
Contract — Breach of mandate — Plaintiffs, former employees of Kungwini Local Municipality, claim damages from trade union for failing to diligently prosecute a review application, resulting in the lapse of their unfair labour practice claim — Defendant applied for absolution from the instance after plaintiffs closed their case — Legal test for absolution requires evidence upon which a reasonable court could find for the plaintiff — Court found that plaintiffs failed to establish a prima facie case of breach of mandate, as the union had referred the dispute to the SALGBC and launched a review application, fulfilling its contractual obligations.
Administrative Law — Disciplinary Procedures — Precautionary suspension of senior manager — Municipality failing to provide basis for suspension as required by Regulation 6(1) of the Local Government: Disciplinary Regulations for Senior Managers, 2011 — Court finding that Mr. Mathe was entitled to know the grounds for his suspension to make meaningful representations — Municipality's argument that it need not disclose this basis rejected — Judgment clarifying the procedural rights of employees under disciplinary regulations.
Leave to appeal — Interim order — Application for leave to appeal against interim order granted to the Institute of Market Agencies of South Africa (IMASA) — Municipality's argument that the interim order unjustifiably inhibits its constitutional powers and displaces duly appointed officials — Court finds that the requirements for an interim interdict were met, and the order does not impinge on municipal powers regarding trust funds — Leave to appeal dismissed due to lack of reasonable prospects of success and absence of compelling reasons — Section 18(3) application succeeds, allowing immediate implementation of the interim order, with counter-application dismissed.
Interdict — Interim interdict — Application for interim interdict restraining compounding and sale of medicine — Plaintiff, Novo Nordisk, sought to interdict First and Second Respondents from compounding, marketing, or selling semaglutide, alleging contravention of the Medicines and Related Substances Act 101 of 1965 — First Respondent claimed compliance under section 14(4) of the Act, asserting similarity to a registered product — Mootness argument raised by Respondents dismissed as enforcement notice did not suspend impugned activities — Court held that relief sought was a temporary interdict pending investigation outcomes — Temporary interdict granted.
Local government — Municipal planning — Enforcement proceedings — City of Cape Town seeking access to tenants for investigative purposes in anticipation of eviction proceedings — No eviction-related relief sought in Part A — Court finding that existing procedural mechanisms are sufficient for citation and participation of occupiers — Municipality not entitled to compel access to lawful occupiers at this stage — Interdict granted restraining conclusion of further lease agreements pending determination of Part B.
Insolvency — Compulsory sequestration — Application for final sequestration order granted — Applicant, a judgment creditor, sought final sequestration of respondent's estate after provisional order granted — Respondent opposed, claiming no act of insolvency or factual insolvency — Court found respondent committed act of insolvency by transferring members’ interest in close corporation to son just before execution — Respondent also factually insolvent with multiple substantial debts — Sequestration deemed advantageous to creditors due to potential asset recovery — Final sequestration order granted.