Lombard v Fort Hare University and Another (154/2024) [2025] ZAECMKHC 24 (11 March 2025)
Court
Eastern Cape High Court, Makhanda
Case number
154/2024
Judge
Laing
The court ordered return of cattle seized by police without satisfying warrantless-search requirements, but also barred the applicant from disposing of them for six months.
Picnoord Kitchen and Another v Lynx Investment (Pty) Ltd and Others (2024/054493) [2024] ZAGPJHC 712; 2024 (6) SA 599 (GJ) (8 July 2024)
Court
South Gauteng High Court, Johannesburg
Case number
2024/054493
Judge
L Windell
The court found that the applicants are entitled to the protection of the suspension rule, which maintains the status quo pending the outcome of an appeal. The respondents' execution of the eviction order during the period allowed for noting an appeal was intended to deprive the applicants of this protection. The requirements for a mandatory interlocutory interdict were satisfied: the applicants demonstrated a prima facie right to remain in the premises, a well-grounded apprehension of ongoing irreparable harm, and the balance of convenience favoured reinstatement. The respondents' reliance o…
Du Plessis and Others v Majiedt N.O and Others (3059/2021) [2023] ZAFSHC 329 (8 August 2023)
Court
Free State High Court, Bloemfontein
Case number
3059/2021
Judge
Van Zyl
The High Court granted leave to appeal on whether a discharged provisional sequestration order restored locus standi and on the validity of a lease tied to a bonded farm.
Majakathata Long Distance Taxi Association and Others v Welkom United Taxi Association and Others (A154/2020) [2021] ZAFSHC 281 (4 November 2021)
Court
Free State High Court, Bloemfontein
Case number
A154/2020
Judges
Loubser, Wright, Van Rhyn
The High Court upheld an appeal in a taxi association dispute, finding the urgent application was not properly urgent and should have been struck from the roll.
The High Court dismissed an urgent bid for an interdict over tender awards, finding the applicant’s bids were non-compliant and its prospects of review success were poor.
Joint Venture between Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency Soc Ltd and Another (577/2019) [2020] ZASCA 146; 2021 (2) SA 137 (SCA) (13 November 2020)
Court
Supreme Court of Appeal
Case number
577/2019
Judges
Navsa, Saldulker, Makgoka, Goosen, Unterhalter
The Supreme Court of Appeal held that SANRAL could demand payment under an unconditional performance guarantee despite a pending force majeure arbitration.
Nyume and Another v Walter Sisulu University and Others (580/19) [2019] ZAECMHC 12 (20 February 2019)
Court
Eastern Cape High Court, Mthatha
Case number
580/19
Judge
Mbenenge JP
The court held that it was precluded from considering the merits of the application for an interlocutory interdict due to the non-joinder of other students registered for the degree in question. These students have a direct and substantial interest in the outcome, and any order granted would materially affect their rights. The application was not brought as a class action nor founded on constitutional provisions, but rather on contract. Until the necessary parties are joined, the court cannot proceed to determine the substantive issues. Costs were awarded against the applicants for the oppose…
Zipro Mineral Processing (Pty) Ltd v Coal Giant (Pty) Limited (436/2017) [2017] ZAGPPHC 818 (20 December 2017)
Court
North Gauteng High Court, Pretoria
Case number
436/2017
Judge
Legodi
The court dismissed an urgent interdict application after finding that alleged undisclosed payments to a director undermined the applicant’s prima facie case.
Firstrand Ltd v Spitz and Another; Firstrand Bank Ltd and Others v Spitz (24584.2016; 88714.2014) [2016] ZAGPPHC 217 (15 April 2016)
Court
North Gauteng High Court, Pretoria
Case number
24584/16
Judge
S. Potterill
The court found the application urgent due to the respondents' conduct in persisting with defamatory and vexatious allegations previously dismissed in earlier proceedings. The discovery affidavit contained irrelevant and inappropriate comments, and the respondents failed to retract or apologise for misquoting official findings. The applicant demonstrated a well-grounded apprehension of continued abuse of court process. The High Court has inherent and statutory power to stay proceedings in cases of vexatious litigation. The requirements for interim relief were met, with no serious doubt cast o…
Pieters v Klaasten and Another.doc (219/2013) [2013] ZANCHC 17 (14 June 2013)
Court
Northern Cape High Court, Kimberley
Case number
219/2013
Judge
Erasmus, AJ
Application to stop the sale in execution of a vehicle dismissed because the applicant failed to show a clear or prima facie right and had no pending appeal.