Delict — Road Accident Fund — Claim for damages — Plaintiff injured in motor vehicle collision — Fund accepting liability for damages and tendering R900 000 for general damages — Remaining issue of past and future loss of earnings — Court assessing past loss at R231 287.95 and future loss based on diminished earning capacity rather than total unemployability — Expert evidence considered in determining loss of earnings.
Prescription — Special plea — Prescription Act 68 of 1969 — Appellant appealing against dismissal of special plea of prescription — Respondent claiming damages for negligent breach of mandate by appellant's attorney — Court finding that prescription did not commence until respondent had knowledge of the facts giving rise to the debt — Appellant's concession of negligence and causation leading to dismissal of appeal with costs.
Civil Procedure — Interlocutory applications — Rule 35(7) application for further discovery — Plaintiff alleging negligence by Defendant in payment of funds post-divorce settlement — Court determining that Rule 30A notice not required prior to invoking Rule 35(7) — Documents sought deemed relevant to main action — Defendant's objections regarding privilege and relevance dismissed as unfounded.
Civil Procedure — Prescription — Claim against attorney — Plaintiff alleging professional negligence by attorney in failing to pursue RAF claim — Attorney's special plea of prescription dismissed — Court finding that plaintiff lacked knowledge of prescription until consulting new attorneys — Attorney liable for proven damages under Prescription Act 68 of 1969, s 12.
Delict — Road Accident Fund — Liability for damages — Plaintiff claiming damages from the Road Accident Fund for injuries sustained as a pedestrian in a collision with an unidentified vehicle — Court finding that the plaintiff established the occurrence of the collision and the negligence of the unidentified driver on a balance of probabilities — Fund held liable for damages claimed.
Financial Services — Debarment — Reconsideration of debarment decision under FAIS Act — Applicant debarred for alleged lack of honesty and integrity — Tribunal finding that the grounds for debarment were not substantiated and that the applicant acted in good faith — Debarment set aside as the applicant did not contravene the fit and proper requirements of the FAIS Act.
Company Law — Name Change — Application for name change under Section 160 of the Companies Act — Applicant, owner of the MONDI trademark, seeking to compel First Respondent to change its name, Mondi Holdings (Pty) Ltd, due to confusion with Applicant's trademark — Court finding that First Respondent's name is confusingly similar to Applicant's trademark, violating Section 11(2) of the Companies Act — Default judgment granted ordering name change.
Criminal Law — Rape — Appeal against sentence of life imprisonment — Appellant convicted of raping his wife and inflicting physical harm — Court considering personal circumstances of the appellant, including being a first-time offender and family responsibilities — However, the brutality of the crime and the absence of remorse outweighed mitigating factors — Court affirming life sentence as appropriate given the nature of the offence and societal interests.
Criminal Procedure — Review — Conviction and sentence set aside — Accused convicted of housebreaking with intent to steal and theft — Accused's plea explanation indicating no property was stolen — Magistrate erred in convicting without confirming acceptance of plea by the State — Conviction and sentence cannot stand and matter remitted for trial.
Suretyship — Validity of suretyship agreement — Plaintiff ABSA Bank Limited claiming payment from defendant Sugan Krishna Naidoo based on alleged suretyship — Defendant denying signature on suretyship — Court finding that evidence supports validity of suretyship signed by defendant — Judgment granted for plaintiff for amount owed plus interest and costs.
Criminal Law — Rape — Appeal against conviction — Appellant convicted of rape of a minor — Key issues included identity of the perpetrator and adequacy of evidence — Court finding that the state failed to prove identity beyond reasonable doubt — Appeal upheld and conviction set aside.
Insolvency Law — Winding-up proceedings — Confirmation of provisional winding-up order — Applicant seeking confirmation based on respondent's failure to pay occupational rent — Respondent taking occupation without paying deposit or full rent — Court finding applicant established debt and respondent failed to prove bona fide dispute or solvency — Winding-up order granted.