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22 December 2014
Case Law
 
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28 Nov 2014
 
 
 
 
Belet Industries CC t/a Belet Cellular v MTN Service Provider (Pty) Ltd (936/2013) [2014] ZASCA 181
Supreme Court of Appeal
Summary:  Practice – Pleadings – Exception on ground that particulars of claim bad in law because term of contract limiting liability of the parties to each other prohibits the recovery of the type...
 
 
27 Nov 2014
 
 
 
PMG Motors Kyalami (Pty) Ltd and Another v Firstrand Bank Ltd, Wesbank Division (866/2013) [2014] ZASCA 180
Supreme Court of Appeal
Summary: Companies in liquidation – Jurisdiction – operation of s 84(2) of the Insolvency Act on claim under the condictio indebiti where payment made in respect of cancelled instalment agreements...
 
 
 
 
Goliath v Member of the Executive Council for Health, Eastern Cape (085/2014) [2014] ZASCA 182
Supreme Court of Appeal
Summary: Delict – medical negligence – surgical swab left in patient – inappropriate to resort to piecemeal processes of reasoning – only one enquiry – whether plaintiff has discharged the onus of...
 
 
20 Nov 2014
 
 
 
Mogale City Municipality v Fidelity Security Services (Pty) Ltd and Others (572/2013) [2014] ZASCA 172
Supreme Court of Appeal
The SCA today dismissed an appeal by the Mogale City Municipality against an order of the South Gauteng High Court setting aside the award of a tender for the provision of security services to the...
 
 
 
 
Roodezandt Ko-Operatiewe Wynmakery Ltd v Robertson Winery (Pty) Ltd and Another (503/2013) [2014] ZASCA 173
Supreme Court of Appeal
Summary: Trademarks Act 194 of 1993 – Register of trademarks rectified by removal of the appellant’s trademark ‘Robertson Hills’ on the basis that it is so similar to the first respondent’s marks...
 
 
06 Nov 2014
 
 
 
Van Deventer v Ivory Sun Trading 77 (pty) Ltd (595/2013) [2014] ZASCA 169
Supreme Court of Appeal
Today the Supreme Court of Appeal (SCA) delivered a judgment upholding the appeal by the appellant. The issue before the SCA was to determine whether the obligation of the first defendant to offer...
 
 
31 Oct 2014
 
 
 
Msunduzi Municipality v Dark Fibre Africa (RF) (Pty) Limited (20119/2014) [2014] ZASCA 165
Supreme Court of Appeal
Summary: Interpretation – s 22 of Electronic Communications Act 36 of 2005 – no permission required from landowner for an electronic network services licensee to exercise rights in terms of s 22 –...
 
 
30 Oct 2014
 
 
 
Investgold CC v Uys and Another (686/2013) [2014] ZASCA 166
Supreme Court of Appeal
Summary:   Purchase and Sale of coins – whether payment of the purchase price coupled with delivery of the coins was done with the intention to pass ownership – whether ownership of the coins...
 
 
 
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