South Africa Case Law

Arnold v EOH Managed Services PS (Pty) Ltd and Others (24877/2021)

Arnold v EOH Managed Services PS (Pty) Ltd and Others (24877/2021) [2023] ZAGPJHC 158 (7 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

24877/2021

Judge

C Todd

The court found that its factual conclusions regarding the identity of the loan creditor were sound and supported by the evidence, including the financial statements and the application of the Plascon Evans rule. Even if another court might reach a different conclusion on the facts, the relief sought by the applicant was discretionary and would only be granted in exceptional circumstances or on good cause shown. The court held that there were formidable obstacles to the applicant persuading another court to exercise its discretion to set aside the previous order converting the winding up to a…

Source excerpt

• Leave To Appeal
• Prospects Of Success
• Discretionary Relief
• Winding Up Orders

Acton v Radebe N.O and Others (15793/13)

Acton v Radebe N.O and Others (15793/13) [2014] ZAWCHC 102 (27 June 2014)

Court

Western Cape High Court, Cape Town

Case number

15793/13

Judge

N P Boqwana

The court found that the applicant lacked legal standing to seek a blanket stay of prosecution for all persons charged with possession or dealing in dagga, as he did not represent an identifiable class nor had he sought certification for a class action. The relief sought was not competent, as a stay of prosecution is a discretionary remedy, not a constitutional right, and must be determined on the merits of each individual case. The applicant failed to establish any infringement of rights under section 9 of the Bill of Rights, as no evidence of discrimination was presented. Furthermore, the r…

Source excerpt

• Stay Of Prosecution
• Class Action Standing
• Equality Clause
• Constitutionality Of Statutes
• Discretionary Relief
• Decriminalisation Of Dagga

Pfaiff and Another v Cameron (7142/2010)

Pfaiff and Another v Cameron (7142/2010) [2010] ZAWCHC 421 (10 June 2010)

Court

Western Cape High Court, Cape Town

Case number

7142/2010

Judge

Louw

The High Court refused leave to appeal in a servitude dispute, holding there was no reasonable prospect of another court reaching a different result or disturbing the refusal to award compensation.

• Servitude Right Of Way
• Monetary Compensation For Infringement
• Discretionary Relief
• Servitude-right-of-way
• Leave-to-appeal
• Monetary-compensation