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South Africa decisions
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Minister of Police v Legoabe and Others (71797/2017) [2018] ZAGPPHC 54 (8 March 2018)
The High Court confirmed the eviction of a former police officer from employer-provided accommodation after finding his continued occupation unlawful and the property at risk of damage.
Koekemoer and Others v Minister of Defence and Military Veterans and Others (2017/44930) [2018] ZAGPJHC 113 (16 February 2018)
The court found that the respondents failed to comply with the court order requiring them to file their answering affidavit within the prescribed period and did not apply for an extension or stay of the order pending discovery. The Rule 35(12) notice does not automatically suspend the period for filing an answering affidavit. The applicants have satisfied all requirements for a final interdict: they have a clear right to occupy the properties, have suffered harassment and threats of eviction without due process, and have no alternative accommodation. The respondents' argument that confirmatio…
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Industrial Development Bank of SA Limited v Broodkraal Landgoed (Pty) Limited (2014/32635) [2015] ZAGPJHC 283 (10 December 2015)
The applicant was entitled to confirmation of the rule nisi because the respondent was in breach of the amended loan agreement and remained indebted in excess of R140 million. The general notarial bond, together with the perfection clause, entitled the applicant to take possession of the respondent's movable assets as security. The respondent's conditional tender to pay the bond amount did not extinguish the total indebtedness and was rightfully rejected. The alleged material non-disclosure and challenges to the certificate of indebtedness were either abandoned or lacked merit and did not aff…
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McCoy's Doors and Windows v Security, Cleaning, Manufacturing and Allied Workers Union and Others (JR553/13) [2013] ZALCJHB 309 (3 December 2013)
The Labour Court refused leave to appeal against confirmation of a rule nisi, finding no reasonable prospect another court would reach a different result.
Speaker, Mnquma Local Municipality v Municipal Manager- Mnquma Local Municipality and Others (1383/2012) [2013] ZAECMHC 2 (18 January 2013)
The court confirmed a rule nisi, held that the Executive Mayor lacked authority to litigate for the municipality, and dismissed a related application with punitive costs.
De Villiers v Global Diamond Resources SA (Pty) Ltd (621/03) [2004] ZANCHC 67 (13 August 2004)
The court found that, although the applicant had established locus standi, was owed money by the respondent, and the respondent was commercially insolvent, it exercised its discretion not to confirm the provisional liquidation order because it was not just and equitable to wind up the company. The discretion in liquidation matters is wide, and a court of appeal is in as good a position as the court of first instance to reconsider all relevant factors. Given this, there are reasonable prospects of success on appeal, and leave to appeal should be granted.
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