Contract — Exception — Pleadings — Defendants taking exception to plaintiff's particulars of claim based on alleged failure to disclose cause of action and vagueness — Court finding that the particulars of claim did not adequately plead the fulfilment or waiver of suspensive conditions, rendering the claim excipiable — Exception upheld, allowing plaintiff to amend particulars of claim.
Delict — Negligence — Claim for damages arising from property damage during police search — Plaintiff alleging damage caused by Metro Police officers igniting a flare in his home — Court finding conflicting versions and insufficient evidence to establish negligence on the part of the police — Plaintiff's claim dismissed with costs.
Civil Procedure — Default judgment — Application for rescission — Defendants seeking to set aside default judgment granted against them — Court finding inadequate explanation for failure to defend and for delay in filing rescission application — Defendants' negligence in handling the matter leading to dismissal of application — No bona fide defence established.
Civil Procedure — Mootness — Application for property to be declared specially executable — Property transferred before application could be heard — Court finding application moot and dismissing it with costs — Costs to include costs of counsel on Scale B.
Civil Procedure — Damages — Plaintiff claiming damages against the Minister of Justice and Correctional Services — Preliminary point raised regarding the validity of the defendant's legal representation dismissed — Trial not proceeding due to lack of mediation, non-compliance with Uniform Rules, and absence of necessary court records — Court finding that the summons is excipiable and related actions need consolidation.
Labour Law — Leave to appeal — Application for leave to appeal against judgment delivered electronically — Applicant filing application for condonation for late filing — Court finding that the Applicant was aware of the judgment prior to filing and failed to provide a satisfactory explanation for the delay — Application for leave to appeal dismissed as the Applicant did not meet the necessary requirements for condonation.
Civil Procedure — Application for leave to appeal — Application struck from the roll due to non-compliance with Rule 67(2), (4) and (5) — Applicants providing explanation for non-compliance with some rules but not all — Court exercising discretion to re-enrol application in the interests of justice and finality — Applicants directed to file written submissions within 10 days.
Administrative Law — Local Government — Service delivery obligations — Applicants seeking order for repair of dilapidated access road — Respondents arguing lack of consultation and budget constraints — Court finding that respondents failed to fulfill constitutional and statutory duties to maintain the road — Respondents ordered to repair the road within specified timeframe.
Employment Law — Sexual Harassment — Unfair discrimination — Applicant alleging sexual harassment by supervisor — Court finding that the employer failed to take appropriate steps to address the harassment — Employer held liable for damages and ordered to comply with the Employment Equity Act and its own policies — Compensation awarded to the applicant for the harm suffered.
Company Law — Name registration — Confusing similarity — Application by Panda Restaurant Group, Inc for determination that the name PANDA EXPRESS (PTY) LTD does not satisfy the requirements of the Companies Act 71 of 2008 — Applicant's registered trademarks predate First Respondent's incorporation — First Respondent's name found to be the same as and confusingly similar to Applicant's trademarks, falsely implying association — Default order granted requiring First Respondent to change its name.
Administration of Estates — Testamentary Trust — Executors' authority to sell estate property — Dispute over whether property bequeathed to a testamentary trust becomes trust property immediately upon death — Court finding that property remains under executors' administration until estate is liquidated and distributed — Executors lawfully selling property to meet estate liabilities — Distinction between testamentary entitlement and ownership of property emphasized.
Homeowners Association — Demolition application — Height restriction — Applicant seeking demolition of part of respondent's dwelling for exceeding height limit as per Architectural Rules — Court finding that the rules were not enforceable against the respondent due to public policy considerations and the City having issued an occupation certificate — Application for penalties dismissed as fines not exigible where an occupation certificate was held by the respondent.