The applicants and 1st respondent entered into a sale agreement on 8 April 2015 wherein the 1st respondent sold the property in question. The applicants in turn sold the property to one Sinikiwe Charambeni. In November 2019 the 1st respondent issued summons seeking the cancellation of the sale agreement between him and the applicants on allegations that the applicants had breached the agreement. The 1st respondent subsequently obtained a default order under HC 2611/19 which order cancelled the Agreement of Sale. The applicants became aware of this development after Charambeni advised them of her eviction from the property. The applicants... More
The applicant appealed the decision which the court a quo entered against it in HB 66/19 (HC 2163/16). It filed its appeal under SC 288/19. The Supreme Court dismissed its appeal in its entirety. The dismissal was so notwithstanding the fact that the applicant raised, as one of its nine grounds of appeal, the issue of the scale of costs. Ground number 9 of its grounds of appeal is relevant in the mentioned regard. More
This is an urgent application. This application was lodged in this court on 15 January 2021. The application is opposed by both 1st and 2nd respondents, although 2nd respondent did not contribute much to the debate. Applicant seeks a provisional order formulated in the following terms:
Terms of final order sought
That you show cause to this Honourable Court on the return date why a final order should not be made in the following terms:
1. The 1st respondent be and is hereby ordered to vacate Imbesu Kraal and carry out its mining activities as directed by the certificate of... More
This is a court application for summary judgment in action proceedings commenced by the applicant against the respondents under case number HC 996/17. The applicant alleges that it sues on a liquid document and claims against the respondents jointly and severally, the one paying the other to be absolved. Applicant seeks payment of a sum of US$45 057,54 being the balance based on an acknowledgment of debt. The total amount allegedly due was originally a sum of US$60 770,00 in respect of a loan advanced by the applicant to 1st respondent. The 2nd, 3rd and 4th respondents jointly signed a... More
On 10 November 2015 the applicants filed an application for a declaratur in this court seeking the following order:
“1. That the respondents’ trial proceedings in terms of the Police Act against the applicants be and are hereby set aside.
2. That the trial of the applicants in terms of the Police Act for the allegations for which they were charged with in terms of the ordinary law is declared wrongful and unlawful.
3. That the respondents are ordered to pay costs on a client – attorney scale.” More
