Civil Procedure — Rescission of judgment — Application for rescission of order striking out defence due to non-compliance with discovery rules — Applicant contending that unsigned Discovery Affidavit should have been considered — Court finding that Judge Mnyovu lacked full facts at the time of the order — Application granted in the interests of justice despite delays, with punitive costs awarded against Applicant.
Criminal Law — Attempted Murder and Rape — Appeal against conviction and sentence — Appellant convicted of attempted murder and rape — Court finding that evidence did not support attempted murder conviction but confirmed rape conviction — Cautionary rule for single witness applied — Personal circumstances of appellant not sufficiently considered in sentencing — Conviction on attempted murder set aside, rape conviction and life sentence confirmed.
Criminal Law — Rape and Sexual Assault — Appeal against convictions and sentences — Appellant convicted of multiple counts of rape and sexual assault against two child complainants — Court finding evidence of complainants credible and reliable despite being single witnesses — Minimum sentence of life imprisonment imposed for rape, with no substantial and compelling circumstances justifying deviation — Appeal dismissed.
Company Law — Shareholder Rights — Interim Interdict — Applicant seeking interim interdict to prevent removal as director pending resolution of oppression proceedings under s 163 of the Companies Act — Court finding urgency established due to imminent shareholders' meeting — Applicant demonstrating prima facie right to protection against oppressive conduct — Balance of convenience favoring preservation of governance position until main proceedings adjudicated.
Exception — Amendment of pleadings — Application for amendment of particulars of claim — Plaintiffs claiming damages for unpaid rent and other amounts — Defendant raising exceptions based on vagueness and lack of particularity — Court sustaining exceptions regarding unpaid rent and local authority levies due to insufficient detail — Plaintiffs granted leave to amend particulars of claim with specific directions.
Labour Law — Unfair dismissal — Retrenchment — Plaintiff challenging the fairness of her dismissal following a retrenchment process — Court finding that the Plaintiff failed to provide evidence supporting her claims of procedural and substantive unfairness — Dismissal upheld as fair based on the Defendant's operational requirements related to COVID-19.
Appeal — Leave to appeal — Section 17(1)(a)(i) of the Superior Courts Act, 10 of 2013 — Applicant seeking leave to appeal against dismissal of application for specific performance regarding transfer of immovable property from deceased estate — Executor of estate not opposing transfer — Liquidator of insolvent estate opposing due to outstanding debt owed by deceased estate — Court finding that the Applicant failed to establish locus standi and that the appeal did not present a reasonable prospect of success — Leave to appeal denied.
Civil Procedure — Rule 35(14) — Application for upliftment of bar — Applicant, a defendant in a claim for payment for medical goods, sought compliance with Rule 35(14) for document inspection and to set aside a Notice of Bar — Respondents served a Notice of Bar shortly after responding to the Rule 35(14) notice — Court held that the Rule 35(14) application was dismissed as the applicant had sufficient information to plead — Upliftment of the bar granted due to a reasonable explanation for the delay and absence of reckless disregard for court rules — Applicant afforded 20 court days to file its Plea.
Contract — Instalment sale agreement — Summary judgment — Plaintiff seeking confirmation of cancellation of agreement and repossession of vehicle — Defendant disputing default and arrears — Court finding no bona fide defence raised by defendant — Summary judgment granted in favour of plaintiff for repossession and damages.
Settlement Agreement — Application for order — Applicant seeking to have settlement agreement made an order of court — Court finding no pending litigation between parties at the time of agreement — Application dismissed as settlement agreement cannot be made an order of court without a related dispute — Application for interim interdict transferred to another Division due to lack of jurisdiction.
Appeal — Leave to appeal — Application for leave to appeal against judgment and order — Applicant failing to demonstrate reasonable prospects of success on appeal — Court finding no compelling reason to grant leave — Application dismissed with costs.
Civil Procedure — Opposed application — Objection to enrolment due to applicant's failure to file heads of argument — Applicant's non-compliance with Practice Directives deemed material and unexplained — Pattern of procedural defaults noted in related litigation — Application postponed on strict condition rather than struck from the roll — Costs awarded against the applicant on attorney and client scale.