1. This is an appeal against the whole judgment of the High Court dated 20 December, 2023 dismissing the appellant’s application in which he sought relief in the following terms:
“IT IS ORDERED THAT:
1. The decision and conduct of the first respondent to cause the cancellation of the applicant’s title deed number 0272/2010 by the third respondent on 1 February 2023 and any subsequent actions in relation to the said deed thereafter be and is hereby declared null and void and set aside.
2. The third respondent be and is hereby ordered to remove and/or cancel the endorsement on... More
The first respondent applied for an interdict under HCH 3126/23 and obtained a default judgment on 4 July 2024. The applicant became aware of the default judgement on 20 July 2024. He has filed this application and another one for rescission of the default judgement under HCH 332/24
The applicant prayed for the order to be stayed pending determination of the rescission appreciation.
The application is opposed by the first respondent who raise two permits in limine namely that the application is not urgent and that it has been overtaken by events. In respect of urgency, I agree with the... More
This is an application for the placement of a caveat on a property known as Lot 115 of Lot 26 Lewisam of Lot E Colne Valley Reitfontein (‘the property’). It is common cause that sometime in 2022 the applicant and the first respondent entered into an agreement for the construction of two cluster blocks at the property. A dispute has arisen about the payments allegedly due to the applicant. In consequence thereof, the applicant as plaintiff has in HCH 2797/24 sued out summons against the respondent claiming payments of USD$ 23 461.96 being the total fees for manual labour; USD$6... More
: This is an urgent chamber application for interdictory relief. The terms of the provisional order sought are as follows:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms: -
The application be and is hereby granted.
The provisional order issued by this court on ........be and is hereby confirmed.
The offer letters authored by the 3rd and 4th respondents in the first and second respondents’ favour in respect of stands 41625 and 41626 Mount Pleasant be and are hereby set aside.
The agreement... More
This is an application for condonation and extension of time within which to appeal made in terms of r 43 of the Supreme Court Rules, 2018. It is opposed only by the first respondent who has taken a meritless point in limine that the application is fatally defective for failure to furnish the record of proceedings in the High Court. More
Parties appeared before an Arbitrator who issued an order in favour of the first respondent on 17 October 2023. Subsequently, the first respondent registered the award as an order of this Court on 3 July 2024 whereby applicants were ordered to pay the respondent the sum of US$29500.00 at 5% interest per annum from 10 January 2023 to the date of full payment. The parties’ immovable property namely Stand No 21795 SEKE T/Ship measuring 226 square metres was declared specially executable. More
This is an application for leave to appeal to the Supreme Court in terms of section 92 F (2) of the Labour Act as read with Rule 43 of the Labour Court Rules, 2017. Both parties raised preliminary issues at the commencement of the proceedings and the Court reserved judgment stating that it would furnish its reasons. More