Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Miya NO v Miya and Another (AR467/2022) [2024] ZAKZPHC 88 (11 October 2024)
Appeal in an eviction dispute dismissed: although the estate representative had standing and the respondent was an unlawful occupier, eviction was not just and equitable.
S v Gumbi and Others (Sentence) (CC24/2023) [2023] ZAKZPHC 65 (15 June 2023)
Sentencing judgment for armed robbery, attempted murder and firearms offences. The court found no substantial and compelling reasons to depart from minimum sentences.
Nelson and Another v B.S and Others (2350/2020) [2021] ZAWCHC 207 (19 October 2021)
The court found that the respondents have been in unlawful occupation of the applicants' property for an extended period, causing the applicants significant financial and personal hardship. Despite opportunities to secure alternative accommodation, the respondents failed to take meaningful steps, and their offer to pay rent was both inadequate and untimely. The applicants demonstrated considerable tolerance and compassion, but cannot be expected to accommodate the respondents indefinitely. The court considered the personal circumstances of the respondents, including vulnerability and income l…
Source excerpt
Cato Ridge Gas Company (Pty) Limited v BP Southern Africa (Pty) Limited (2021/47033) [2021] ZAGPJHC 527 (12 October 2021)
The applicant failed to establish a prima facie right to the interim interdictory relief sought. The lease agreement does not entitle the applicant to restrain the respondent from renovating the premises pending the sale and transfer of the business or mediation/arbitration. Clause 16.6 requires written notice of the projected completion date, which was provided, and the applicant was aware of the intended renovations. The applicant's reliance on fairness, reasonableness, and ubuntu as free-standing bases for relief is impermissible unless enforcement of the contract is contrary to public pol…
Source excerpt
Ishmail v G L Events Oasys Consortium and Another (19126/18) [2021] ZAGPPHC 384 (18 June 2021)
The court granted an elderly plaintiff leave to record evidence on commission under Rule 38 because of ill-health, while preserving the respondents’ participation rights.
Damons NO and Others v Euphoria Home Owners Association NPC and Others (3972/2016) [2016] ZALMPPHC 8 (22 September 2016)
The High Court ordered the HOA to issue clearance certificates for property transfers and dismissed its counter-application to force further restructuring negotiations.
Resnick v Government of the Republic of South Africa and Another (A536/2011) [2012] ZAWCHC 395; 2014 (2) SA 337 (WCC) (12 October 2012)
The High Court upheld an eviction under PIE, finding no tacit consent to continued occupation, but allowed six months for the appellant to vacate.
Tlale NO and Another v Momentum Group Ltd and Others (3471/2007) [2012] ZAFSHC 179 (20 September 2012)
The court found that the attached movables did not constitute necessary furniture and household utensils required for the applicants' survival, and their value exceeded the statutory exemption of R2,000 as determined by the Minister. The attachment was therefore not in contravention of section 39 of the Supreme Court Act 59 of 1959. The applicants' reliance on the concept of ubuntu and constitutional dignity, while acknowledged, did not outweigh the legitimate interests of creditors to recover debts through lawful execution. The applicants were ill-advised to persist in litigation, resulting…
Source excerpt
S v Matiwane (CU/2115/2011) [2012] ZAWCHC 159; 2013 (1) SACR 507 (WCC) (13 August 2012)
The High Court found that the Magistrate placed excessive emphasis on the accused's previous convictions, failing to properly consider his personal circumstances, including unemployment, dependants, and medical condition. The Magistrate's approach was unduly harsh and lacked the necessary balance between the crime, the criminal, and the interests of society. The principle of Ubuntu and mercy was not adequately applied. The sentence of three years imprisonment for theft of goods valued at R111.60 was disproportionate and constituted a material misdirection. The reviewing court confirmed the co…
Source excerpt
Wine and Another v Zondani (2044/08) [2009] ZAECHC 19 (26 February 2009)
The High Court refused an eviction under PIE, finding it would not be just and equitable to evict a long-term occupier who had paid toward the property and improved it.
Explore more
