Most of the facts are common cause in this case. It is not in dispute that the plaintiff is the registered owner of a motor vehicle, namely, a Mercedes Benz, E320, 2002 model, Engine number 11294931346039, Chasis number WD8211065-2A095026, registration number ADA 9827. More
The applicant and the first respondent are brother and sister. The deceased was their sister. She died on 24 July 2004 at the age of 61. The deceased was single and did not have any children of her own. Following her death a will was duly filed with the master on 24 September 2004 and was duly accepted as the will of the deceased. The first respondent was appointed executor in accordance with the will. In terms of the will the first respondent was appointed the sole beneficiary of the deceased estate. The applicant has filed this application seeking an... More
The parties in this matter married in 2008. They are agreed that their marriage has broken down and that a divorce ought to be granted. Whilst initially three issues were referred to trial, namely custody, maintenance and the sharing of the immovable property, at the time of the trial the parties had resolved issues relating to maintenance and custody of their minor children. On the issue of the immovable property they had also made significant head way in that they were both now agreed that each party has a 50% share in the property known as Stand 3451 Southlea Park... More
This is an opposed application in which the third defendant took out an exception to the plaintiff’s claim in terms of Order 21 r 137(1)(b) of the High Court Rules 1971 (hereinafter the rules). The application is opposed by the plaintiff only. Mr Deme for the first defendant declined to make submissions in the matter. More
This is an application for rescission of judgment that was entered against the applicants and in favour of the respondent on 19 May 2011 in HC 8604/10. More