The principle which the court laid in Smith v Hughes, RL6 QBD 597 te 607 holds true today just as it did at the time that it was pronounced. It neatly fits into the circumstances of this application. It reads:
“If, whatever a man’s real intention may be, he so conducts himself that a reasonable man would believe that he was assenting to the terms proposed by the other party, and that other party upon that belief enters into the contract with him, the man thus conducting himself would equally be bound as if he had intended to agree to... More
This is an application for leave to execute a judgement of the High Court granted on 26 November 2010 HC 5332/06 pending an appeal noted in the Supreme Court by the respondent on 14 December 2010. More
The applicants were the recipients of an arbitral award granted on 22 July 2009 against the respondent. In this application they seek the procedural relief of registration of the award as a judgment of this court in terms of s 98 (14) as read with s 98 subs (13) and (15) of the Labour Act [Cap 28:07]. They do not seek any substantive relief.
The respondent has opposed this application on the grounds that the award was irregularly obtained. An appeal against the grant of the award is pending in the Labour Court as well as an application for stay... More
The present application was set down for hearing on 15 November 2013. On the mentioned date, both parties appeared and, by consent, sought a postponement of the hearing to 2.30 pm on Wednesday 20 November 2013. The postponement aimed at affording the parties an opportunity to discuss the case amongst, and between, themselves with a view to arriving at a settlement. The postponement was premised on the following two conditions which were that: More
This is an application in terms of which the applicant sued the respondent for relief in terms of the draft order which draft order is couched in the following terms-
“It is ordered that
1. It be and is hereby declared that the purported cancellation and termination of the joint venture agreement is null and void, and that any such cancellation will be valid if done in terms of the following:
1.1 if any party wishing to resile from the joint venture gives the other party 24 months notice, in writing;
1.2 if any and all sums of money owed... More
