Welcome to Midlands State University Library

Court Judgements



Browse Court Judgements by year
The plaintiff issued summons seeking the following relief: (a) Reinstating and reversing the ownership of Stand 205 Good Hope Township of Subdivision D of Goodhope, situate in the District of Salisbury measuring 2 695 square metres under Deed of Transfer Number 444/08 (hereinafter referred to as “the property”); (b) Cancellation of Deed of Transfer Number 3681/2011 in favour of the first defendant; and (c) Costs on an attorney and client scale. More

1. This is an urgent application for an interim interdict pending a decision in a hearing on the return date. The applicant seeks a provisional order couched in the following terms: Terms of the final order sought That you show cause to this Honourable Court if any, why a final order should not be made in the following terms: i. Respondent and its members, associates and nominees be and (sic) hereby interdicted from interrupting and disrupting the applicant’s celebration of “Isithembiso” ceremony for all time to come without an order of a competent court. ii. Respondent to pay the costs. More

The respondent was employed by the appellant as a Housing Officer. He was indicted for a disciplinary hearing on 11 November 2017 before the appellant’s Disciplinary Committee. He was charged with ‘committing any act or conduct inconsistent with the fulfilment of the express or implied conditions of the contract of employment’ in terms of clause 8(d) of Statutory Instrument 87/2017, specifically that he unilaterally and unlawfully exempted some council tenants from paying rentals which resulted in the appellant losing revenue. More

Halwick Investments (Pvt) Ltd the employer is seeking leave to appeal against the order which struck off its matter from the roll. Samson Geti the employee is opposed to the grant of the leave relief. Sadly Mr Geti has not complied with the rules of court by not filing heads of argument. He is thus barred in the matter. He however seeks from the bar that the bar operating against him be uplifted. He cites administration glitches as the excuse for his non compliance. More

This is an application for leave to appeal against the decision of the labour court where it ruled that the employer’s notice of opposition was bad at law on account of the fact that there was no formal board resolution authorising the deponent to the opposing affidavit to depose to facts on behalf of the employer and that the legal practitioners for the employer had not filed an assumption of agency. More

The applicant seeks a declaratur. The relief sought is set out in the draft order as follows: “IT IS ORDERED THAT: 1. That the application for Declaratur be and is hereby granted. 2. That the garnishee order issued on 8 May 2019 against the Applicant for payment in United States dollars is invalid and is hereby set aside. 3. It is specifically declared that: 3.1 the debt of US$ 29 115.12 in terms of order dated 25th October 2017 by Honourable Justice Charewa is deemed to be valued in RTGS dollars at a rate of one-to-one to the United States... More

This matter was placed before me as an application for review. It was filed pursuant to Rule 14 of the Labour Court Rules, 2017. The application is opposed. The Respondent party was directed by the Court on the date of hearing, and duly filed its Notice of Response and Heads of Argument on the 15 June, 2022. The parties thereafter requested the court to hand down its judgment based on their written submissions. More