South Africa Case Law

Amalungelo Workers Union obo Its Members and Others v Guardian Employers' Organization (GEO) and Others (J1430/2019)

Amalungelo Workers Union obo Its Members and Others v Guardian Employers' Organization (GEO) and Others (J1430/2019) [2022] ZALCJHB 261 (26 September 2022)

Court

Labour Court Johannesburg

Case number

J1430/2019

Judge

Tilly

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no basis to refer the matter to evidence.

• Leave To Appeal
• Motion Proceedings
• Dispute Of Fact
• Condonation
• Referral To Evidence
• Leave-to-appeal

Black Rose Taxi and Shuttle Services (Edms) Beperk v Kramer (963/2016)

Black Rose Taxi and Shuttle Services (Edms) Beperk v Kramer (963/2016) [2016] ZANCHC 26 (10 June 2016)

Court

Northern Cape High Court, Kimberley

Case number

963/2016

Judge

Olivier R

The court found that the applicant failed to establish, on the papers, that the initial oral agreement contained a term obliging the respondent to make his operating licence available to the applicant company for as long as it existed. The applicant's version was improbable and unsupported by the evidence, particularly given the parties' personal relationship and the lack of any indication that the respondent intended to relinquish control of his licence indefinitely. The written agreement of 3 December 2015 regulated withdrawal from the business, including the licence, and the respondent com…

Source excerpt

• Oral Contract Terms
• Business Licensing
• Interim Relief
• Referral To Evidence
• Costs Award

Lombaard v Droprop CC and Others (377/09)

Lombaard v Droprop CC and Others (377/09) [2010] ZASCA 86; 2010 (5) SA 1 (SCA) ; [2010] 4 All SA 229 (SCA) (31 May 2010)

Court

Supreme Court of Appeal

Case number

377/09

Judges

NAVSA, HEHER, MHLANTLA, MALAN, SHONGWE

The majority (Navsa and Malan JJA, Mhlantla JA concurring) held that the description of the property in the lease and sale agreement was sufficient to comply with section 2(1) of the Alienation of Land Act. However, the appellant failed to engage with the respondents' detailed factual allegations that the written agreement did not reflect the true intention of the parties and did not seek referral to oral evidence at the appropriate stage. Applying the Plascon-Evans rule, the court found that the probabilities favoured the respondents and that the appellant's application was bound to fail. Th…

Source excerpt

• Alienation Of Land Act
• Rectification Of Contract
• Motion Proceedings
• Description Of Property
• Dispute Of Fact
• Referral To Evidence