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South Africa decisions
Decisions matching the current search
Motaung v Department of Higher Education and Training (JS304/24) [2025] ZALCJHB 262 (7 May 2025)
The Labour Court struck a review application off the roll because it was brought as action proceedings rather than the required motion proceedings.
Eckhoff N.O and Others v Van Den Heever and Others (16404/23) [2025] ZAWCHC 47 (11 February 2025)
The High Court referred disputed section 424 claims to trial, dismissed the section 31 motion relief with costs, and found prescription was not fully established.
Standard Bank of South Africa Limited v Maree N.O and Others (6038/2023) [2024] ZAFSHC 172 (24 May 2024)
The High Court enforced a settlement agreement against the Maree trust and Goldensands, rejected duress and prematurity defences, and dismissed the counter-application.
Parker v Quantum Leap Investments 386 (Pty) Ltd and Another (5766/2023) [2024] ZAWCHC 74 (6 March 2024)
High Court granted a Rule 6(5)(g) referral to trial or oral evidence in a property-sale dispute, finding the factual conflicts were not clearly foreseeable from correspondence alone.
Standard Bank of South Africa Limited v Lusolink International Export (Pty) Ltd and Another (33589/19) [2021] ZAGPJHC 389 (4 June 2021)
The court found that the applicant had complied with all contractual requirements for notification of default and cancellation by sending notices to the addresses and email provided by the first respondent. The respondents failed to provide evidence of non-receipt or incorrect addresses and did not substantiate their claim regarding market value. The court held that the value of the vehicles is irrelevant at this stage, as the relief sought is for their return, not damages. The contracts allow for liquid claims and motion proceedings are appropriate. The applicant proved its case for cancella…
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LRB and Others v Leatherby (116/2017) [2018] ZAWCHC 192 (7 March 2018)
The court found that the respondent admitted to creating and publishing most of the material, which was objectively defamatory and intended to injure the applicants' dignity and reputation. The respondent failed to establish any lawful justification, such as fair comment, truth, or public interest, and his conduct evidenced a personal vendetta following the termination of his employment. The requirements for a final interdict were met: the applicants had a clear right, injury was committed and reasonably apprehended, and no adequate alternative remedy existed. The damages claim, being illiqui…
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Makanda and Others v Mosotho and Others (4153/2016) [2018] ZAFSHC 7 (9 February 2018)
The High Court dismissed a motion-procedure objection but upheld non-joinder, holding that shareholders had a direct and substantial interest in a delinquency application.
Van Wyk v Road Accident Fund (69459/2013) [2017] ZAGPPHC 50 (6 February 2017)
The High Court dismissed a motion for past medical expenses, finding the claim was already pending in the trial action and should not have been brought by application.
QwaQwa United Taxi Association v Mokhasi (1762/2012) [2012] ZAFSHC 209 (15 November 2012)
A taxi association sought declaratory relief over a motor vehicle, but the High Court held that disputed facts made motion proceedings unsuitable and dismissed the application with costs.
Masango v Liberty Group Ltd (JS576/2010) [2011] ZALCJHB 76; [2012] 3 BLLR 303 (LC); (2012) 33 ILJ 414 (LC) (31 August 2011)
Labour Court held that section 191 of the LRA does not apply to unfair discrimination claims under the EEA and referred the matter to trial.
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