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Van Niekerk v Van Niekerk and Others (9093/07) [2011] ZAWCHC 233 (23 May 2011)
The court dismissed an application to partition jointly owned family properties, finding the proposed split arbitrary and inequitable given the usufruct and parties’ positions.
Teligent AB v Telsar Solutions (Pty) Ltd [2005] ZAGPHC 374; 40/05/01 (17 August 2005)
The respondent admits owing the applicant Euro 105 000. Although the respondent has a counterclaim, the applicant's offer of security de restituendo and the absence of clear evidence that the counterclaim is not frivolous or vexatious justify the exercise of the court's discretion in favour of the applicant. The court finds that the applicant is entitled to judgment for the sum claimed, subject to the provision of security de restituendo. The respondent's counterclaim is referred to trial, and the applicant must maintain security for as long as the counterclaim is prosecuted. The costs of the…
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