Most Recent Judgments

Civil Practice-plaintiff’s claim against third defendant arises from an alleged estate agency agreement that was entered into and executed through its servant; Sibonelo Mamba-It is alleged that Mamba made certain representations that were negligent an

Parties consenting to the jurisdiction of the Magistrates' Court in their written agreement. In a subsequent dispute of alleged breach of contract at the High Court, Respondent raising a point of law that High Court has no jurisdiction over the dispute. 

After considering a number of legal authorities on the subject, Court comes to the conclusion that the clause in the written agreement of the parties does not oust the High Court's jurisdiction to hear and determine the matter. Point in limine dismissed and Respondent granted leave to file Answering Affidavit. 

Application for summary judgment. Circumstances under which the provisions of Rule 32 (2) (a)-(d) can be invoked. Whether summary judgment is competent on the facts alleged by Plaintiff. 

The application for summary judgment by Plaintiff partly succeeds. The remainder of the Plaintiff's claims are referred to oral evidence. 

Maintenance of minor children – Appeal from Judgment of the

Criminal law – Accused persons charged with acting jointly and in furtherance of common purpose,, with Oupa Manyisa, on the first count, in committing the offence of murder and in the second count, with committing, assault with intent to cause grievous bodily harm – The Crown in conjunction with the accused, submitted to Court a statement of agreed facts – They pleaded not guilty to murder but guilty to culpable homicide on the first count – On the second

Appeal deemed lapsed - Basic principles restated - Applications for condonation - Constitutional issues and the interests of justice restated.

The Applicant filed a Notice of Motion on the 17th December, 2021 seeking the following:

Civil Law - Appellant sought to have a judgment of the Court a quo set aside on the basis that Appellant was not obliged to recognise Respondent's medical faci

Divorce proceedings- Parties contracting a civil rites marriage in community of property. Marriage concluded in Durban, South Africa. Plaintiff alleging that marriage has irretrievably broken down. Parties concluding a Deed of Settlement

Criminal proceedings-Accused charged with the offence of Murder. Charge of murder later reduced by the Crown to Culpable Homicide. Accused pleading guilty to the offence of Culpable Homicide. Crown and the Accused person endorsing a 'Statement of Agreed Facts.