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Shivanand and Another v Krugkor Franchise (Pty) Ltd and Others (A2023/034940) [2024] ZAGPJHC 389 (18 April 2024)
The High Court dismissed an appeal seeking rescission of Shivcom CC’s winding-up order, finding no exceptional circumstances and imposing attorney-and-client costs.
HI-Q Automotive (Pty) Ltd v Erga Investments (Pty) Ltd (2024-011267) [2024] ZAGPJHC 160 (21 February 2024)
Urgent eviction application granted after the respondent defaulted on rent and remained in occupation after cancellation of the sub-lease.
Cash Crusaders Franchising (Pty) Ltd v Cash Crusaders Franchisees (16453/2023) [2024] ZAWCHC 11; [2024] 2 All SA 49 (WCC); 2024 (4) SA 141 (WCC) (26 January 2024)
The court found that although the order of 3 October 2023 was cast as interim, its effect was final and definitive for the parties. The order compelled the respondents to comply with franchise agreements that had already been cancelled and addressed past harm rather than preserving the status quo. The court held that the order disposed of jurisdictional and substantive defences and was not susceptible to alteration by the court of first instance. Applying the principles from Zweni and Lebashe Investment, the court concluded that the order fell under section 18(1) of the Superior Courts Act an…
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Sanria 21 (Pty) Ltd v Nordaline (Pty) Ltd and Another (20123/2017; 20124/2017) [2018] ZAWCHC 52 (19 March 2018)
The court held that the applicant, having withdrawn its pursuit of liquidation orders, is in the same position as an unsuccessful litigant and must pay the respondents' costs. The disputes regarding the existence and validity of the franchise agreements, and compliance with the Consumer Protection Act, were foreseeable and should have been anticipated by the applicant prior to launching the applications. The respondents' silence in response to section 345 notices did not constitute a tacit acknowledgment of liability, as more is required for such an inference. The applicant's failure to prope…
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