Category: High Court judges

Establishing court jurisdiction: Registered office or principal place?

Mfwethu Investments CC v Citiq Meter Solutions (Pty) Ltd Establishing court jurisdiction requires proof that registered office falls within area after gathering information registered with the CIPC, rather than trying to prove...

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Reciprocal contractual obligations: Duty to disclose transfer?

Maoke v Telkom (Soc) Ltd (CPIC) Reciprocal contractual obligations of trust and confidence arise impliedly and have been accepted by the SCA as part of our law and in this matter the claim should have alleged that Telkom...

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Summary judgment applications: New procedure considered

Tumileng Trading CC v National Security and Fire (Pty) Ltd Summary judgment applications must comply with the amended Uniform Rule 32 which came into effect on 1 July 2019 but the high court doubted that any signal change has...

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Impermissible absolution application: Thwarting prescription?

Liberty Group Ltd t/a Liberty Life v K & D Telemarketing Impermissible absolution application considered by SCA and decided that Liberty Life should have brought fresh proceedings and were not allowed to simply apply to...

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Covid-19 lawyers chastised: Deprived of fees

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges...

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Trade union constitution: Scope and eligibility

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Unlawful proceeds forfeited: Crime and proportionality

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited and if only R758 085 is forfeited the courts would, in effect, be giving “credit” for the fact that an attempt was made to cover up the original...

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Fraudulent email instruction: Electronic signature?

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Court contempt order: Withdraw defamatory tweets

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Stipulatio alteri examined: Benefit conferred on HOA?

Maremmana Home Owners’ Association v Melnic Wine Solutions CC Stipulatio alteri examined by high  court and decided that  the right applicant purports to exercise in seeking the relief it does in these proceedings could...

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Business rescue ranking: Preference wage claims?

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Protectable interests examined: Unrealistic threat?

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

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