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South Africa decisions
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Nxumalo v Curoscore (Pty) Ltd (445/2021) [2021] ZAECPEHC 16 (16 March 2021)
Urgent High Court application dismissed with costs after an attachment under Magistrates’ Court process was held lawful and non-joinder proved fatal.
Sugben and Another v City of Johannesburg Metropolitan Municipality (36746/2017) [2019] ZAGPJHC 137 (30 April 2019)
The court found that the respondent had complied with the majority of the terms of the order prior to the contempt application, including adjusting the municipal account and rebilling based on average consumption. The applicants failed to provide evidence of wilful or mala fide non-compliance, and the order regarding prescribed amounts was found to be vague and not suitable for contempt proceedings. The applicants did not discharge the onus required for a finding of contempt, and the application was dismissed with costs.
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Ndlela and Others v Nel and Others (LCC 18/2002) [2014] ZALCC 4 (28 February 2014)
The Land Claims Court awarded costs against the applicants and state respondents after repeated non-compliance with court orders and abusive, delaying conduct.
Brandkor Beleggings (Edms) Bpk v Emerald Sky Trading 157 (Edms) Bpk en Anders (72272/2012) [2013] ZAGPPHC 133 (31 May 2013)
The application is barred by section 359(2) of the Companies Act 61 of 1973 because the applicant failed to give the required written notice to the liquidators before proceeding. The relevant date for the commencement of liquidation is the date the application was presented to the court, not the date the order was granted. The court order of 3 June 2011 granted the applicant only a personal right to claim transfer of the property, not a real right. The property therefore remained part of the insolvent estate and subject to the concursus creditorum. Even if the application were not barred proc…
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