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.
Search and seizure — Lawfulness of search warrants — Applicants challenging the legality of search warrants issued under the Criminal Procedure Act — Police alleging lawful execution of warrants based on prior investigation into corruption — Court finding that warrants were not accompanied by required affidavits, compromising their legality — Deprivation of possession deemed unlawful due to non-compliance with statutory requirements.
Bail — Second bail application — Jurisdiction — Applicant seeking to have second bail application on new facts heard in the magistrates' court — High Court declaring it has exclusive jurisdiction to hear the application — Application dismissed on grounds of lack of urgency and jurisdictional issues raised by the respondent — No order as to costs.
Rescission of Judgment — Default Judgment — Rule 42(1)(a) — Applicant seeking rescission of default judgment granted against him as guarantor — Court finding that service at chosen domicilium was valid and not erroneous — Applicant failing to establish a bona fide defence to claims — Application for rescission dismissed.
Civil Procedure — Interlocutory application — Authority of attorney — Applicant disputing authority of respondent's attorney under Rule 7(1) — Application dismissed for failure to comply with time limits and lack of good cause for late challenge — Court not determining substantive authority issues.
Execution — Home loan — Special execution of primary residence — Applicant seeking payment of outstanding balance under home loan and declaring respondent's home specially executable — Respondent admitting debt but resisting execution due to personal circumstances — Court finding no alternative means of payment and authorizing execution with a reserve price set below market value — Execution warranted despite hardship.
Labour Law — Disciplinary proceedings — Urgent application for interdict against invocation of Regulation 9(7) of the South African Police Service Discipline Regulations — Applicant contending that invocation of Regulation 9(7) was unlawful due to medical incapacity of employee — Court considering jurisdiction and urgency — Holding that the disciplinary process could not be interdicted as it was a matter for the Safety and Security Sectoral Bargaining Council, and the invocation of Regulation 9(7) was lawful under the circumstances.
Contract — Supplier Agreement — Summary judgment — Plaintiff seeking summary judgment for payment under Supplier Agreement — Defendants alleging transactions were fraudulent and void ab initio — Court finding that defendants disclosed a bona fide defence warranting refusal of summary judgment and allowing the matter to proceed to trial.
Appeal — Leave to appeal — Application for leave to appeal against interim interdict — Respondents' application delivered within prescribed period but delayed in prosecution — Court finding that order is not appealable as it does not determine rights of parties or dispose of substantial relief — Application for leave to appeal dismissed with costs on scale C.
Appeal — Leave to appeal — Application for leave to appeal against summary judgment — Applicants failing to attend hearing and being in wilful default — Court finding no reasonable prospect of success on appeal — Grounds of appeal dismissed as lacking merit and not disclosing any compelling reasons for appeal.
Pleadings — Exceptions — Vague and embarrassing pleading — Plaintiff's particulars of claim deemed legally defective by defendants — Court upholding exceptions based on failure to disclose a cause of action and vagueness — Striking out of scandalous and irrelevant matter ordered — Plaintiff granted opportunity to amend pleadings within ten days.