22 Feb 2022
Where the defendant(s) are named by description, the court will grant injunctive relief if the description is sufficiently certain, adequate notice/service has been given (here by posting), and the court properly exercises its discretion under O.19 r.7; trespass being actionable per se, an injunction and costs are appropriate.
11 Mar 2016
An interlocutory injunction was necessary and granted because there was at least a serious question to be tried on the plaintiff's private nuisance claim arising from persistent illegal hawking, the balance of convenience favored restraining unlawful hawking (not lawful activity), and the plaintiff offered a cross-undertaking in damages.
31 Dec 2015
The plaintiff, being the registered owner and having filed an affidavit proving title and occupation by unknown persons and having effected posting of the originating documents with no appearance or opposition, is entitled to an order of possession under Order 113; accordingly the court granted possession in terms of the originating summons.
18 Nov 1998
On the balance of probabilities the court was not satisfied that the statutory notice was either sent and received by registered post or posted on the defendant's premises as required; evidence showed the registered envelope contained a different letter and the clerk's account of posting was insufficiently reliable, therefore the statutory notice was not proved served, the tenancy did not terminate and the plaintiff's claim failed.