Sectional Titles — Administration — Appointment of administrator — Urgent application for removal of administrator and appointment of new administrator — Resignation of administrator tendered — Dispute among owners regarding governance and financial management of the body corporate — Court finding that urgent intervention is warranted due to ongoing dysfunction and lack of proper administration — Appointment of proposed administrator granted.
Constitutional Law — Right to freedom — Application to set aside writs of arrest — Applicant contending that writs were issued in violation of constitutional rights — Court finding that only a court can determine committal for contempt — Applicant's failure to comply with previous court orders established — Application dismissed.
Property Law — Rates and Taxes — Liability — Applicant seeking refund of R792,045.81 paid under protest for municipal rates and taxes — Claim based on assertion that Municipality was incorrectly reflected as owner of property — Court finding that applicant was the registered owner since 2014 and liable for rates — Payment made to obtain clearance certificate for property transfer — No grounds for refund established as applicant had not paid rates since acquisition.
Interim interdict — Urgency — Jurisdiction — Applicant seeking interim interdict to prevent transfer of shares pending arbitration — Respondent opposing on grounds of jurisdiction, urgency, and availability of substantial redress — Court finding that the requirements for an interdict were not met, particularly due to lack of jurisdiction based on a contractual forum-selection clause — Application dismissed with costs.
Eviction — Prevention of Illegal Eviction from Unlawful Occupation of Land Act 19 of 1998 — Appeal against eviction order — Appellants claiming valid sale agreement and lien over property — Court finding no valid sale agreement due to lack of signatures — Precarium not surviving death of grantor — Just and equitable considerations properly assessed — Appeal dismissed with costs.
Summary Judgment — Bona fide defence — Application for summary judgment for professional services rendered — Defendant raising various defences including taxation and prescription — Court finding that defences were vague, contradictory, and not bona fide — Summary judgment granted in favour of Plaintiff for payment of R346 600.00 with interest and costs.
Insolvency Law — Sequestration — Application for leave to appeal against final sequestration order — Trust claiming payment of debt to SARS negated qualifying claim — Court finding no reasonable prospects of success on appeal — Application dismissed with costs.
Labour Law — Retrenchment — Substantive fairness of dismissals — Applicants challenging the fairness of retrenchments by Glencarol (Pty) Ltd due to operational requirements — Court assessing whether the company proved a fair reason for dismissals under section 192(2) of the Labour Relations Act — Finding that the company failed to substantiate its operational rationale and did not adequately explore viable alternatives to retrenchment — Dismissals declared substantively unfair, with orders for retrospective reinstatement and costs awarded to applicants.
Impeachment — Interim interdict — Application for leave to appeal against interim interdict restraining public hearings in s 89 impeachment enquiry — Court finding that conditions for leave to appeal under s 17(1) of the Superior Courts Act not met — Leave to appeal refused despite unsettled questions of law raised by applicants — Order lapsing automatically upon determination of review, rendering appeal moot.
Appeal — Leave to appeal — Application for leave to appeal against judgment ordering payment of R21 657 256.80 — Applicant contending improper shifting of onus and failure to prove agreements — Court finding no material misdirection and dismissing application — No reasonable prospects of success on appeal established.
Civil Procedure — Request for reasons — Application for reasons for order made under rule 49(1)(c) — Request filed outside the ten-day period prescribed by rule 49(1)(c) — No application for condonation submitted — Court unable to entertain request due to non-compliance with procedural rules — Importance of adhering to court rules emphasized.
Insolvency Law — Leave to appeal — Application for leave to appeal against order striking matter from roll and punitive costs order — Court finding no reasonable prospect of success for appeal — Punitive costs justified due to applicant's conduct — Application for leave to appeal dismissed with costs on scale B.