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South Africa Case Law

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24 May 2010

Civil Procedure [2010] ZAGPJHC 40

Pooosh Cellular (Pty) Ltd v Italk Cellular (Pty) Ltd and Others (2009/48153)

Pooosh Cellular (Pty) Ltd v Italk Cellular (Pty) Ltd and Others (2009/48153) [2010] ZAGPJHC 40 (24 May 2010)

Court: South Gauteng High Court, Johannesburg
Case number: 2009/48153
Judge: C. J. Claassen

High Court refused leave to execute pending appeal, but ordered respondents to retain R10 million as security for possible damages and costs.

Leave To Execute Pending Appeal
Contractual Obligations
Security For Judgment
Corporate Network Service Agreement
Telecommunications Services
Leave-to-execute-pending-appeal

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31 Mar 2003

Civil Procedure [2003] ZASCA 35

Telkom SA Ltd v Xsinet (Pty) Ltd (92/2002)

Telkom SA Ltd v Xsinet (Pty) Ltd (92/2002) [2003] ZASCA 35; 2003 (5) SA 309 (SCA) (31 March 2003)

Court: Supreme Court of Appeal
Case number: 92/2002
Judges: Vivier, Olivier, Conradie, Jones, Shongwe

The Supreme Court of Appeal held that disconnecting Telkom’s telecommunication services did not justify a spoliation order because the dispute was contractual, not possessory.

Mandament Van Spolie
Quasi Possession
Specific Performance
Telecommunications Services
Mandament-van-spolie
Quasi-possession

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Pooosh Cellular (Pty) Ltd v Italk Cellular (Pty) Ltd and Others (2009/48153)

Telkom SA Ltd v Xsinet (Pty) Ltd (92/2002)