24 Nov 2023
Claim dismissed after the court found the plaintiffs valued properties beyond the tender scope and proved no authority for extra payment.
15 Nov 2023
Dolomite is a dimension stone within the meaning of the Export Levy Act 2 of 2016, as informed by the definition in the Minerals (Prospecting and Mining) Act 33 of 1992; the respondents acted intra vires and reasonably in imposing the export levy, and the applicant's claims of ultra vires, lack of audi, and legitimate expectation are unfounded.
1 Nov 2023
Special circumstances exist justifying execution pending appeal because respondents have no legal right to occupy the property, applicants would suffer irreparable harm if execution is stayed, and urgency is established; respondents failed to show any prejudice or harm.
1 Nov 2023
The plaintiff failed to make out a prima facie case that the member defendants carried on the business of the first defendant recklessly or with gross negligence, or that there was a gross abuse of the juristic personality justifying piercing the corporate veil. The evidence showed the first defendant acted with an honest and justifiable belief in obtaining financing, and there was no evidence of personal benefit or improper conduct by the member defendants. Therefore, absolution from the instance was granted.
30 Oct 2023
The proceedings were interlocutory and thus subject to the cost cap in rule 32(11). No arguments or facts were presented to justify uncapping, and the taxing master correctly applied the rule to limit costs to N$20,000.
30 Oct 2023
The defendants established the existence of a written agreement with an arbitration clause applicable to the dispute, no special preconditions for arbitration were required, and the dispute was properly demarcated. The arbitration clause survives cancellation or purported cancellation. The special plea is not interlocutory and not subject to rule 32(11). The action is stayed pending arbitration.
25 Oct 2023
The particulars of claim do not disclose a cause of action as the alleged sale agreement does not comply with the statutory formalities required by section 2 of Act 71 of 1996; therefore, the exception is upheld and the pleading set aside.
20 Oct 2023
Insurance claim dismissed after the insured failed to provide material cell phone records requested for claim assessment.
20 Oct 2023
High Court granted condonation, joined the Townships Board chairperson and Registrar of Deeds, and allowed amendments to a review over a disputed land sale.
18 Oct 2023
High Court interpleader ruling: the second claimant failed to prove ownership of attached movable property, save for three items conceded by the execution creditor.