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Macassar Land Claims Committee v Maccsand CC and Others (LCC37/2003) [2024] ZALCC 22 (16 August 2024)
The Land Claims Court ordered separation of two preliminary issues: the extent of pre-1998 claims by the MJC and CDH Trust, and whether their 2015 counterclaims were duly lodged.
Transnet Limited v ERF 152927 Cape Town (PTY) Ltd : In re: ERF 152927 Cape Town (PTY) Ltd v Transnet Limited (35967/2010) [2022] ZAGPJHC 542 (29 July 2022)
The court found that Transnet Limited's application for leave to amend its plea and file a counter-claim was brought in bad faith, with undue delay, and solely to frustrate the enforcement of a final and binding order (the Schabort order) that has stood unchallenged for 22 years. The court held that the amendment would cause significant prejudice to Erf 152927 Cape Town (PTY) Ltd, as key witnesses and documents are no longer available and memories have faded. The issues raised by Transnet have already been adjudicated and are precluded by the doctrine of res judicata. Transnet failed to disch…
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Mzontsundu Trading (Pty) Ltd and Another v Lavelikhwezi Investments (Pty) Ltd and Another (3996/19) [2021] ZAECMHC 44 (7 December 2021)
The court found that the applicants had shown good cause for the delay in delivering the notice to remove causes of complaint, as the delay was reasonable and aimed at avoiding unnecessary litigation. The respondents' steps, including the notice to amend and discovery affidavit, were irregular because the main action had already been determined and the counter-claim had been rejected as a bona fide defence. The respondents' conduct in persisting with these steps was vexatious and warranted a punitive costs order on the attorney and client scale. However, the employment of two counsel was not…
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D P I Plastics (Pty) Ltd v Ronnie Dennison Agencies (Pty) Ltd (10136/14) [2015] ZAGPPHC 766 (28 October 2015)
The High Court ordered the final winding up of a company over an unpaid trade debt, rejecting dispute-of-fact and counter-claim objections and finding insolvency.
Troye Villa (Edms) Bpk and Others v Klub Lekkerrus/Libertas and Others (11748/2007) [2009] ZAGPPHC 158 (3 November 2009)
High Court judgment on share ownership, lease termination, accommodation fees, and acquisitive prescription at a Limpopo resort complex.
Lattimore Construction CC v Nile Property Enterprises CC (6639/2002) [2008] ZAKZHC 97 (17 December 2008)
The court found no agreed R180,000 site-works price, held the defendant repudiated by withholding payment, and awarded the plaintiff R135,053.74 plus interest.
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