South Africa Case Law

Mobile Telephone Networks (Pty) Ltd t/a MTN v Hughes, Chisholm ANd Airey Incorporated and Another (3104/2014)

Mobile Telephone Networks (Pty) Ltd t/a MTN v Hughes, Chisholm ANd Airey Incorporated and Another (3104/2014) [2015] ZAECMHC 57 (8 May 2015)

Court

Eastern Cape High Court, Mthatha

Case number

3104/2014

Judge

J W Eksteen

The court found that the defendants failed to provide sufficient reasons for a postponement and did not demonstrate prejudice or bona fide grounds for delay. The plaintiff's affidavit complied with Rule 32(2), as the deponent swore positively to the facts and verified the cause of action and amount claimed. The defendants' alleged defences were vague, unsupported by material facts, and did not constitute a valid defence to the claim. The plaintiff was entitled to summary judgment for the outstanding amount, interest, and costs.

Source excerpt

• Summary Judgment
• Trust Account Liability
• Fraud
• Negligence
• Attorneys Act Section 78
• Interest On Deposit

Dazzletide Trading (Pty) Ltd v Yusuf Ismail Attorneys Incorporated and Others (1413/2012)

Dazzletide Trading (Pty) Ltd v Yusuf Ismail Attorneys Incorporated and Others (1413/2012) [2012] ZAKZDHC 76 (2 November 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

1413/2012

Judge

Vahed

High Court case on restitution of a property-sale deposit after cancellation, where the seller had used funds held in trust contrary to the agreement.

• Restitution Of Deposit
• Cancellation Of Sale Agreement
• Specific Performance
• Trust Account Obligations
• Interest On Deposit
• Contractual Variation