On the 24th November 2016, we upheld the appeal in this matter with costs. A request for reasons having been made, these are they,
The appellant in this matter had applied for the following relief in the court a quo.
1. That 1st respondent be interdicted from claiming rentals from the applicant’s tenants in respect of Stand No. 22 and 23, Neshuro Township.
2. That 2nd and 3rd respondents be More
The Applicant entered into an agreement of sale for its property called 672 Scanlen Drive Helensvale with the Respondent on the 16th of October 2018. The purchase price of this property was USD 800 000.00 which was to be paid in instalments. The parties agreed that the settlement for the purchase price had to be done by the 3th of August 2019. Respondent however failed to settle the amount by the stipulated timeline and she had only managed to pay the sum of US$ 489 000.00 owing a balance of USD311 000.00. Applicant proceeded to write a letter notifying the... More
Most of the facts in this case are common cause. The undisputed facts are that on the 7th of October 2014 the plaintiff and the defendant entered into a Tobacco Contract Growing and Marketing Scheme on condition that the plaintiff would provide the defendant with financial and input support for the production of flue cured tobacco. The defendant was obliged to produce flue cured tobacco on 10 hectares of land yielding a minimum of 25 000kg of tobacco. The defendant was obliged to further repay the loaned amount at the end of the 2015 Tobacco Selling Season which was on... More
This is a court application brought in terms of r 29(1)(a) of the High Court Rules 2021. The applicants have prayed for the rescission of the order granted by this court on 18 October2022 under case number HACC 28/22, per KWENDA J. They contend that the order was erroneously granted in their absence. More
This is a delictual claim for delivery of a vehicleor alternatively payment of damages. At the beginning of the trial the plaintiff withdrew its claim against Kudzai Shaba.
The dispute between the parties arises from the following brief facts.On 25 August 2008 Kudzai Shaba, acting as an agent of the first and second defendants sold to the plaintiff a Mercedes Benz C180, 2004 model. Sometime in February 2009 the plaintiff was arrested by the South African Police Service, SAPS, for possession of a suspectedstolen motor vehicle. The vehicle was impoundedand the plaintiff wascharged,convicted and fined for possession of the vehicle.... More