Steeledale (Pty) Ltd v Scaw South Africa (Pty) Ltd ta Scaw Metals Group and Another (2020/19785) [2025] ZAGPJHC 411 (29 April 2025)
Court
South Gauteng High Court, Johannesburg
Case number
2020/19785
Judge
Mahomed
The application for a final interdict and declaratory relief fails because the ownership of the assets listed in annexure JFE1 is strongly disputed and cannot be resolved on the papers in motion proceedings. The dispute involves complex factual questions regarding whether the assets are movable or have acceded to the property, requiring expert evidence and cross-examination. The intention of the parties at the time of contracting is central to determining ownership, but the available evidence is insufficient. The respondent's version must prevail under the Plascon Evans principle, and Steelda…
Chiodaroli N.O and Others v Yeboprop 7 Investment (Pty) Ltd and Others (Leave to Appeal) (18020/2022) [2025] ZAGPPHC 319 (31 March 2025)
Court
North Gauteng High Court, Pretoria
Case number
18020/2022
Judge
Baqwa
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no basis to disturb its earlier lease ruling.
Khairanwali Cash and Carry CC and Others v Heimans Building (Pty ) Ltd (2021/2113) [2023] ZAGPJHC 615 (2 June 2023)
Court
South Gauteng High Court, Johannesburg
Case number
2021/2113
Judge
Moorcroft
The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The grounds advanced were either previously addressed in the summary judgment or lacked sufficient merit. The lease agreement's commencement date was clearly stipulated and not overridden by the date of signature. The liability for municipal charges was determined by the lease terms, and the applicants did not identify any triable issues. The threshold for granting leave to appeal under section 17(1)(a) of the Superior Courts Act was not met. Accordingly, the application for leave to appeal wa…
Butcher Shop and Grill CC v Trustees for the time being of the Bymyam Trust (038/2022) [2023] ZASCA 57; [2023] 3 All SA 40 (SCA); 2023 (5) SA 68 (SCA) (21 April 2023)
Court
Supreme Court of Appeal
Case number
038/2022
Judges
Van der Merwe, Mbatha, Carelse, Weiner, Goosen
The Supreme Court of Appeal held that the lease agreement did not exclude the tenant's right to claim remission of rent due to vis major, but the loss of use and enjoyment was suffered by Apoldo, the sub-tenant, not the Butcher Shop. As Apoldo is a separate legal entity, the Butcher Shop cannot claim remission based on Apoldo's loss. The court reaffirmed that piercing the corporate veil is only permissible where there is fraud, dishonesty, or unconscionable abuse, none of which were present. The court declined to develop the common law to allow the remedy sought, noting that such development…
USS Graphics (Pty) Ltd and Others v Urban Print Factory (Pty) Ltd and Others (30921/2019) [2023] ZAGPJHC 138 (14 February 2023)
Court
South Gauteng High Court, Johannesburg
Case number
30921/2019
Judge
R.M. Keightley
The High Court upheld a vindicatory claim for a printing press and related equipment, rejecting accession and finding the respondents raised only bare denials.
Archiways Skye (PTY) Ltd v South African National Roads Agency (5302/2021P) [2023] ZAKZPHC 5 (26 January 2023)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
5302/2021P
Judge
P C Bezuidenhout
The High Court refused leave to appeal, finding no reasonable prospects that another court would reach a different conclusion on the lease and tender issues.
South African Post Office Soc Limited v Viviers (CA 216/2021) [2022] ZAECMKHC 113 (13 December 2022)
Court
Eastern Cape High Court, Makhanda
Case number
CA 216/2021
Judges
Gqamana, S M Mbenenge, R Kruger
The High Court upheld an appeal and held that the Post Office owed no legal duty to a plaintiff injured when he took a shortcut over property to reach a bar.
