South Africa Case Law

Fontana Di Purezza (Pty) Ltd ta Manzi Northcliff v Trustees for Time Being OG ZYZZYVA Trust (2024/120994)

Fontana Di Purezza (Pty) Ltd ta Manzi Northcliff v Trustees for Time Being OG ZYZZYVA Trust (2024/120994) [2025] ZAGPJHC 154 (6 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/120994

Judge

E Raubenheimer

The court found that the applicant failed to establish true urgency, as the delay of two months before launching the application rendered the matter inappropriate for urgent relief. The applicant's concerns regarding the safety of the equipment and premises, as well as the alleged risk to assets, did not constitute objective urgency. The applicant's urgency was self-created. Furthermore, the proprietary and partnership disputes between the parties were complex and unsuitable for resolution in urgent motion proceedings. The applicant did not demonstrate a clear right to the interdictory relief…

Source excerpt

• Urgent Interdict
• Franchise Dispute
• Trademark Infringement
• Ownership Of Assets
• Partnership Existence
• Security For Debt

Cruzn Motors (Pty) Ltd v Hussen Family Partnership and Others (10250/2017P)

Cruzn Motors (Pty) Ltd v Hussen Family Partnership and Others (10250/2017P) [2018] ZAKZPHC 15 (15 May 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

10250/2017P

Judge

Steyn

Court dismissed a provisional sequestration application, finding no proven partnership, no established indebtedness, and bona fide disputes over the alleged debt.

• Provisional Sequestration
• Partnership Existence
• Bona Fide Dispute Of Debt
• Abuse Of Process
• Onus Of Proof
• Provisional-sequestration