South Africa Case Law

Raymond Mhlaba Municipality v Coega Packing (Pty) Ltd (CA 241/2022)

Raymond Mhlaba Municipality v Coega Packing (Pty) Ltd (CA 241/2022) [2024] ZAECMKHC 1 (16 January 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA 241/2022

Judges

Pakati, Brooks, Bands

The court held that service of process was properly effected on a person in attendance at the Municipal Manager's office, satisfying statutory requirements. The appellant's explanation for default was unreasonable and amounted to wilful disregard of court process. The compensation awarded was based on expert valuation and was liquid and determinable. The relief granted was within the court's discretion, balancing the impracticality and public interest of removing the graveyard and sewerage works. The use of the Expropriation Act was limited to calculating solatium, not expropriation. No proce…

Source excerpt

• Municipal Encroachment
• Rescission Of Judgment
• Service Of Process
• Compensation For Encroachment
• Expropriation Act Solatium
• Liquidated Vs Unliquidated Claims

Applemint Properties 45 (Pty) Ltd and Others v Master of the High Court, KwaZulu-Natal Division, Pietermaritzburg and Others (13377/13)

Applemint Properties 45 (Pty) Ltd and Others v Master of the High Court, KwaZulu-Natal Division, Pietermaritzburg and Others (13377/13) [2018] ZAKZPHC 72 (21 December 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

13377/13

Judge

Henriques

The court found that the Master failed to properly apply her mind to the applicants' claims and did not invoke section 44(7) of the Insolvency Act, which would have allowed for interrogation and clarification of disputed claims. The reasons given for rejection were insufficient and did not reflect a thorough consideration of the evidence. The applicants, as persons aggrieved, had locus standi to bring the review. However, their standing to challenge the approval of the second respondent's claim depended on at least one of their claims being admitted. The court held that the decision to admit…

Source excerpt

• Insolvency Act Section 151 Review
• Proof Of Claims
• Locus Standi
• Liquidated Vs Unliquidated Claims
• Costs Of Review
• Creditor Meeting Procedure

Phillips v Phillips and Another (292/2018)

Phillips v Phillips and Another (292/2018) [2018] ZAECGHC 40 (22 May 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

292/2018

Judge

H. S. Toni

Summary judgment was refused in a dispute over alleged partnership contributions, because the claim was premature before dissolution and liquidation, and was not a liquidated amount.

• Summary Judgment
• Partnership Liquidation
• Liquidated Vs Unliquidated Claims
• Misrepresentation
• Damages Assessment
• Summary-judgment

Johrews Mancorp and Publishers CC and Others v Du Toit Littleton Incorporated (15337/2014)

Johrews Mancorp and Publishers CC and Others v Du Toit Littleton Incorporated (15337/2014) [2017] ZAGPJHC 39 (3 February 2017)

Court

South Gauteng High Court, Johannesburg

Case number

15337/2014

Judge

FHD Van Oosten

The High Court rescinded a default judgment, finding the applicants were not in wilful default and had shown a bona fide defence on the fees claimed.

• Rescission Of Judgment
• Default Judgment
• Liquidated Vs Unliquidated Claims
• Professional Services Fees
• Prescription
• Rescission-of-judgment