Educated Risk Investments 54 (Pty) Ltd v Master of the High Court, Johannesburg and Others (A5072/2022) [2024] ZAGPJHC 942 (19 September 2024)
Court
South Gauteng High Court, Johannesburg
Case number
A5072/2022
Judges
WJ du Plessis, Wepener, Vally
The High Court dismissed an appeal against confirmation of a liquidation and distribution account, holding the remedy lay in PAJA review and that reopening was barred after distribution began.
Reder Construction (Pty) Ltd v Minister of Public Works and Infrastructure of the Republic of South Africa and Another (4215/2022) [2024] ZAFSHC 300 (17 September 2024)
Court
Free State High Court, Bloemfontein
Case number
4215/2022
Judge
Manye, AJ
The court held that COVID-19 lockdown regulations did not create supervening impossibility and ordered payment of the contractor’s claimed additional costs.
Ozmik Property Investments (Pty) Ltd v Diplobox (Pty) Ltd and Others (58806/2020) [2022] ZAGPPHC 836 (27 October 2022)
Court
North Gauteng High Court, Pretoria
Case number
58806/2020
Judge
Barit
High Court summary judgment in a lease dispute: the court found a valid lease, rejected the defence based on COVID-19 deprivation, and ordered payment.
Circle Properties (Pty) Ltd v Mashavana and Another (2021/13340) [2022] ZAGPJHC 385 (3 June 2022)
Court
South Gauteng High Court, Johannesburg
Case number
2021/13340
Judge
Malindi
The court found that the respondent's defences were without merit. The alleged oral agreement was invalid due to the written non-variation clause in the lease. The dispute over arrear rental was irrelevant as payments made after cancellation were allocated to arrears, and the applicant was not seeking payment. The respondent failed to provide evidence of any vulnerability or inability to secure alternative accommodation. The COVID-19 regulations did not prohibit eviction but required the court to consider health risks, which the respondent did not allege would be negatively affected. The appl…
Ali and Another v S (A212/21) [2021] ZAWCHC 245; 2022 (1) SACR 281 (WCC) (25 November 2021)
Court
Western Cape High Court, Cape Town
Case number
A212/21
Judge
Thulare
The magistrate erred in refusing bail without adequately considering the appellants' claimed refugee status and constitutional rights. The magistrate failed to ensure that sufficient and reliable information was placed before the court regarding the appellants' attempts to regularize their status and their access to Home Affairs during the Covid-19 lockdown. The magistrate did not allow the prosecution a full opportunity to address the court, nor did he stand the matter down to enable the defence to provide further information. The principles of the Refugees Act and the Constitution require t…
Freestone Property Investment (Pty) Ltd vs Remake Consultants CC and Another (2020/29927) [2021] ZAGPJHC 150; 2021 (6) SA 470 (GJ) (25 August 2021)
Court
South Gauteng High Court, Johannesburg
Case number
2020/29927
Judge
Gilbert
Summary judgment in a commercial lease dispute: ejectment was granted, but leave to defend remained on arrear rental claims arising from Covid-19 lockdown disruptions.
Andreini and Others v Mbunu and Others (28918/2019) [2021] ZAGPJHC 685 (17 August 2021)
Court
South Gauteng High Court, Johannesburg
Case number
28918/2019
Judge
F Bezuidenhout
The applicants, as registered owners, lawfully cancelled the lease agreements after the respondents breached by failing to pay rent and utilities. The respondents’ opposition is based on bare denials and unsupported claims regarding refunds and jurisdiction. The jurisdiction clause does not preclude the High Court’s competence. The respondents have no bona fide defence and remain in unlawful occupation. The court considered the personal circumstances of the respondents, including income, dependents, and alleged disabilities, and found they would not be rendered homeless. The applicants compli…