Ebesa Architects (Pty) Ltd v City of Cape Town (11824/2022) [2023] ZAWCHC 233 (1 September 2023)
Court
Western Cape High Court, Cape Town
Case number
11824/2022
Judge
Mantame
The High Court mostly refused Ebesa Architects’ bid to amend its plea and conditional special plea, finding the changes withdrew admissions without adequate explanation.
The court found that the application for eviction was not suitable for determination on motion due to the existence of multiple pending related cases (lis pendens) and material disputes of fact regarding the rights of occupation, the existence and terms of a stipulatio alteri, and the authority of certain parties. The Applicants were aware of these challenges and the attendant risks of proceeding by way of motion. The court held that it would be fair, just, and equitable to postpone the application pending the final determination of the related actions, as the rights and interests of the part…
Mboni Shatsane Joint Venture (Pty) Ltd v Khawuyeza Trading (Pty) Ltd and Others (26650/16) [2016] ZAGPPHC 1118 (11 November 2016)
Court
North Gauteng High Court, Pretoria
Case number
26650/16
Judge
N.P. Mali
The High Court dismissed an application to freeze and preserve bank funds after finding the applicant lacked locus standi and sufficient authority to sue.