This is an application for rescission of judgment in terms of Order 49, Rule 449 of the High Court Rules, 1971. The basis of the application is that the Court which granted Summary Judgment in case number HC 11563/18 did so in error and in the absence of the applicant. More
On the 7th of February 2017 after considering written and oral submissions by counsels I issued out an order effectively granting an application for directions for an opposed application for contempt of court to be set down expeditiously. The reasons for my disposition are captioned herein. More
It is not in dispute that the parties, at the request of the Plaintiff who felt uncomfortable with the interest related to the mortgage bond which was supposed to be secured through Beverley Building Society mutually agreed to vary the original agreement of sale on 4 September 2006 after they had agreed on new terms of payment. More
In this country, unless otherwise provided, the noting of an appeal automatically suspends the execution of the judgment or decision appealed against: Wood NO v Edwards &Anor 1966 RLR 336 (G) (per LEWIS J). It is the same in South Africa: Oliphant’s Tin ‘B’ Syndicate v de Jager1912 AD 474 @ p 487;Verkouterenv Savage 1919 AD 183 @ p 184; Malan v Tollekin 1931 CPD 214;Reid v Godart 1938 AD 511; Levin v Felt and Tweeds Limited 1951 (1) 213 @ p 217 and Geffen v Strand Motors (Private) Limited 1962 (3) SA 62. More
The first plaintiff is a well known businessman with various interests in the business sector. The second plaintiff is duly registered company with limited liability. The third defendant is a company duly registered in accordance with the laws of this country. The first and second defendants are shareholders in the third defendant. The plaintiffs have issued summons against the defendants for a declaratur to the effect that the cancellations by the defendants of agreements of sale embodied in Annexures ‘F’ and ‘G’ be declared invalid. More
