Administrative Law — Leave to appeal — Application for leave to appeal against judgment reviewing fee determination — Applicant failing to demonstrate reasonable prospects of success on appeal — Court finding no compelling reasons warranting the grant of leave to appeal — Application for leave to appeal dismissed with costs.
Eviction — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Application for eviction of respondent from leased property — Respondent claiming lawful occupation based on alleged oral lease agreement — Court finding no valid lease agreement due to entire agreement and non-variation clauses in written sale agreement — Respondent's defense deemed improbable and an afterthought — Eviction order granted.
Trade Marks — Infringement — Application for final interdictory relief under section 34(1)(a) of the Trade Marks Act — Applicant seeking to restrain respondents from using registered EVEXIA trade mark — Respondents arguing continued use was authorized and seeking referral to trial — Court finding that the existence and terms of the use agreement are disputed, necessitating oral evidence to determine whether the respondents' use constitutes infringement — Application dismissed with costs.
Administrative Law — Urgent application — Compliance with court order — Applicant seeking to compel MEC for Health to terminate contract with Ultimate Waste and contract with Tshenolo Waste — Respondents arguing matter not urgent due to pending appeals — Court finding applicant failed to establish urgency as required by Rule 6(12) — Application dismissed.
Labour Law — Review application — Reinstatement of lapsed review application — Applicant's review application deemed lapsed due to failure to prosecute — Application dismissed on grounds of procedural defects including absence of notice of motion and insufficient affidavit — Court finding no good cause shown for reinstatement and significant prejudice to the Third Respondent if reinstatement granted.
Intervention — Application for intervention — First Applicant seeking to intervene in default judgment proceedings — Court finding that the applicant failed to establish a direct and substantial interest in the matter — Application dismissed due to lack of merit and procedural issues surrounding the cession document relied upon by the applicant.
Labour Law — Review of jurisdictional ruling — Applicant challenging CCMA ruling that she was not an employee of STANLIB — Court finding that the Commissioner failed to consider evidence regarding the true nature of the employment relationship — Material irregularity established due to exclusion of evidence — Review granted and ruling set aside.
Contract — Purchase orders — Urgent application for assignment of purchase orders — Applicant rendered services under a contract with the respondent but did not receive payment or purchase orders for services rendered — Respondent claimed that a mediation clause in the Master Service Agreement required resolution of disputes before court intervention — Court found no dispute capable of mediation, as the respondent was satisfied with services but refused payment — Urgency of application acknowledged despite delays by the applicant — Respondent ordered to issue purchase orders for services rendered.
Delict — Loss of support — Claim for loss of support by biological parent of children following death of fiancé in motor vehicle accident — Court finding deceased had a duty of support towards plaintiff and her children based on established family relationship — Evidence of financial provision and intention to marry supporting claim — Duty of support recognized despite absence of formal agreement.
Employment Law — Settlement Agreement — Enforcement — Applicant seeking enforcement of settlement agreement for employment as Senior Manager: Fleet Management — Respondents denying existence of agreement and failing to provide written contract — Court finding that the applicant established the existence of a binding agreement and ordering compliance with its terms.
Public Protector — Remedial action — Review of Public Protector's decision — Applicants challenging the remedial action imposed by the Public Protector as unlawful and inconsistent with the settlement agreement — Court finding that the remedial action deviated from the agreed terms and was procedurally irrational — Decision set aside and matter remitted for fresh determination of appropriate remedial action.
Trusts — Authority of trustees — Loan agreements — Dispute regarding authority of trustee to enter into loan agreements on behalf of the Trust — Trustee initially warranted authority but later denied it — Court finding that the Trust failed to provide sufficient evidence to support the denial of authority — Denial rejected as far-fetched and untenable, leading to the conclusion that the trustee was authorized to enter into the agreements.