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South Africa decisions
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Maifadi v Dos Anjos Pedro (2020/27885) [2024] ZAGPJHC 1102 (31 October 2024)
The High Court refused leave to appeal after finding no reasonable prospect of success in a property sale dispute involving alleged encroachment and misrepresentation.
Vilakati v Standard Bank of South Africa Ltd (2021/50602) [2024] ZAGPJHC 1104 (28 October 2024)
The High Court dismissed an application for leave to appeal against a prescription-based judgment, finding no prospects that another court would reach a different result.
Mhlongo v Member of The Executive Council For Health of The Gauteng Provincial Government (11229/2019) [2022] ZAGPPHC 652 (30 August 2022)
Quantum judgment in a medical negligence claim arising from childbirth injuries, awarding damages for lifelong care, future losses, general damages, and costs.
NEHAWU and Others v North West Provincial Dept of Social Development and Another (J1254/21) [2021] ZALCJHB 376 (18 October 2021)
Urgent application to stop salary deductions under a no work, no pay policy was struck off for lack of urgency; costs were awarded against the first applicant.
Tsekedi v Masilonyana Local Municipality (J 571/2021) [2021] ZALCJHB 96 (4 June 2021)
The Labour Court held that the municipality unlawfully terminated the municipal manager’s contract and ordered reinstatement with retrospective effect.
Bronner v Alpha Pharm (Pty) Ltd and Another (D1512/16) [2020] ZALCD 2; [2020] 5 BLLR 518 (LC); (2020) 41 ILJ 1952 (LC) (28 January 2020)
The court found that the applicant's claims were not properly pleaded under section 77 of the BCEA and lacked evidentiary support. The claim for damages regarding the policy failed due to absence of proof of the surrender value and the binding effect of the signed resolution. The claim for additional payment for days worked was dismissed as no agreement was reached. The claim for a full annual bonus was rejected due to lack of evidence of company practice. Claims for accumulated and outstanding leave were dismissed in line with statutory interpretation, limiting payment to leave accrued in th…
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Ellerine Furnishers (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR3211/09, J1241/13) [2014] ZALCJHB 311 (5 August 2014)
The applicant's review application was dismissed due to unreasonable delay in prosecution and failure to file the transcript of the arbitration proceedings. The court found no satisfactory explanation for the delay, which prejudiced the respondent and undermined the administration of justice. The absence of the transcript deprived the court of the ability to assess the factual basis of the review. The court exercised its discretion to dismiss the review application and made the arbitration award an order of court. Costs were awarded against the applicant as there was no reason in law or fairn…
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Afgri Bedryfs Beperk h/a Afgri Veevoere v Lotter N.O. and Others, In re; Afgri Bedryfs Beperk h/a Afgri Veevoere v Lotter N.O. and Another (4179/2013) [2013] ZAFSHC 193 (15 November 2013)
The court refused the applicant’s provisional sequestration request because the debt was genuinely disputed on bona fide and reasonable grounds.
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