The plaintiffs are husband and wife. The defendant is a duly registered firm of estate agents trading under the style of Stohill Properties. The plaintiffs are victims of a fraudulent sale of a property. They lost a significant sum of their hard earned income in the hope of securing a property that they would ultimately call a home upon completion of construction. The transaction involved the defendant herein as the agent of the seller. Things went horribly wrong along the way, resulting in the plaintiffs instituting proceedings against the defendant. More
The brief background to this matter is that, the applicant sued the respondent sometime in 2007 under HC 3314/07 for specific performance and transfer of a property known as Lot 5 of the remainder of Subdivision “A” of Lichfied of Wilksden Farm (hereinafter called “the property”). Alternatively, the applicant claimed damages for breach of contract. On 4 July, the parties entered into a deed of settlement which is marked Annexure “A” and appears on pages 6-7 of the record. This deed of settlement was made an order of this court under HC 5000/08B on 29 November 2012, and the said... More
The plaintiff is the only child of the defendant, the defendant’s only other progeny, AlbertinaAurthur, also a daughter, having passed away some time back leaving only the two parties after the defendant had divorced their father, who also passed away in 2010. More
The respondent filed a court application on 13 August 2012 against 113 respondents including the 11 applicants in this matter, in case No. HC 9587/12. That application was served on the same date with the respondents or their representatives signing a copy of the court application in acknowledgment of service. More
Forum shopping is what this matter is all about. In a spectacular comedy of errors that would have made the legendary court jesters of the mediaval king’s palacegreen with envy, the applicant achieved the impressive feat over a period of about 3 years, to approach every conceivable tribunal or court that could possibly deal with her labour dispute, managing to finally land on the door step of this court virtually panting, breath less and perspiring, from the long years of travail, with what she christened a court application for a declarator that; More
