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Judgment Search Results Home > Cases Phrase: mediation Court: south africa supreme court of appeal Year: 2014 Page 1 of about 24 results (0.042 seconds)

Apr 17 2014 (FN)

Beenesh Dewnath Vs. the State

Court : South Africa Supreme Court of Appeal

Decided on : Apr-17-2014

..... , were in the front of the shop, apparently serving customers. the appellants father did not agree with sitholes demand for a down payment and went to call his wife to mediate. he returned with her and the appellant in tow. [5] according to sithole, the appellants mother refused to accede to his demand. she said that in 2005 a person whom .....

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Mar 31 2014 (FN)

The Director of Public Prosecutions North Gauteng: Pretoria Vs. Skhosi ...

Court : South Africa Supreme Court of Appeal

Decided on : Mar-31-2014

on appeal from:north gauteng high court (circuit local division for the eastern circuit district, middelburg, phatudi j sitting as court of first instance): 1. the appeal against sentence is upheld. 2. the order of the high court in respect of sentence is set aside and is replaced by the following: 1. the accused are sentenced to 20 years of imprisonment with effect from 31 june 2011. 2. the sentence currently being served by accused 2 is to run concurrently with the sentence now imposed. judgment lewis ja (shongwe and saldulker jja concurring): [1] this is an appeal by the director of public prosecutions, north gauteng, against sentences imposed by the north gauteng high court (eastern circuit district, middleburg) on the three respondents. all three were charged with the murder of a mrs thandi mtsweni. the state alleged that they had unlawfully and intentionally killed her on 27 june 2007 in the district of leslie. in the alternative, the respondents were charged with conspiring to murder the deceased. they were convicted on the charge of murder and the high court (phatudi j) imposed an effective sentence of 12 years imprisonment. i shall deal with the full sentence in due course since it is central to the appeal. the appeal lies at the instance of the state, with the leave of this court, and is against sentence only. in giving leave to appeal this court required the state and the respondents to address a number of questions which i shall set out later. [2] the context in .....

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Mar 19 2014 (FN)

Adams and Adams Attorneys and Another Vs. Pointer Fashion Internationa ...

Court : South Africa Supreme Court of Appeal

Decided on : Mar-19-2014

on appeal from:north gauteng high court, pretoria (prinsloo j sitting as court of first instance) it is ordered that: the appeal is struck off the roll with costs, such costs to include those consequent upon the employment of two counsel. judgment wallis ja (mthiyane dp, mhlantla ja and van zyl and mocumie ajja concurring) [1] the underlying dispute between the parties relates to five trade marks that are at present registered in the name of the second appellant, deluxe holdings ag (deluxe), a swiss company. these trade marks were formerly owned by and registered in the name of the first respondent, pointer fashion international cc (pointer). they were purchased by deluxe at a sale in execution held on 8 september 2011 at the instance of the first appellant, adams and adams attorneys (adams and adams). the latter had obtained two judgments against pointer, the one dated 15 july 2005 in respect of the costs of the adjournment of an action it had instituted against pointer in the magistrates court, pretoria, and the other a default judgment for outstanding fees dated 16 october 2006 in the same court. [2] on 27 february 2012 pointer instituted application proceedings in the north gauteng high court, pretoria, to set aside the sale in execution; cancel the registration of the trade marks in the name of deluxe and have its name restored to the register as the owner of the marks. it framed the relief that it was seeking in its notice of motion in two parts. part a was interim .....

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May 30 2014 (FN)

Willem Pheiffer Vs. Cornelius Johannes Van Wyk and Others

Court : South Africa Supreme Court of Appeal

Decided on : May-30-2014

on appeal from: north gauteng high court, pretoria (hughes aj sitting as court of first instance): 1. the appeal is dismissed with costs. 2. the order of the high court is set aside and replaced with the following: (a) the appellant is ordered to vacate portion 2, farm bleshoenderpan 211, registration division mr, dardanelin, alldays, limpopo province (the property) with immediate effect. (b) the guarantee provided by absa bank ltd on 7 february 2013 on behalf of marde (edms) bpk is sufficient security for the appellants enrichment claim in respect of improvements to the property. (c) the guarantee shall lapse should the appellant not institute action as contemplated in the order of the high court, within 30 days of this order. judgment mathopo aja(mthiyane dp, lewis, mhlantla and saldulker jja concurring): [1] on 19 may 2014 this appeal was heard and the order set out above was made by the court. it was then indicated that the reasons for the order would follow. these are the reasons. [2] the issue in the appeal is whether the security tendered by the third respondent, marde (pty) ltd, is sufficient for the appellants (willem pheiffer) enrichment claim in respect of improvements to the property of the first and second respondents (the van wyks). the north gauteng high court, pretoria (hughes aj) answered this question in favour of the van wyks. it declared the agreement between the van wyks and pheiffer null and void ab initio. it ordered the third respondent to file .....

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May 06 2014 (FN)

Eastern Cape Province Vs. Feza Mbodla

Court : South Africa Supreme Court of Appeal

Decided on : May-06-2014

on appeal from: eastern cape high court, mthatha (griffiths j sitting as court of first instance): 1. the appeal is upheld and the order of the court below is set aside and replaced by the following order: (a) the application is referred for the hearing of oral evidence on the question whether the plaintiffs claim had prescribed before the service of summons. (b) the plaintiff shall appear to be examined and cross-examined at the hearing of such oral evidence. (c) the provisions of rules 35, 36, 37 and 38 shall apply to the hearing of such oral evidence. (d) the costs of the application are reserved for decision by the court hearing such oral evidence. 2. the costs of the appeal, including the costs of the application for leave to appeal, are to be costs in the application. judgment wallis ja (mthiyane dp, maya ja and van zyl and mathopo ajja concurring) [1] mr mbodla was injured in a motor accident on 25 june 2006. according to him, he was treated at the nelson mandela hospital. he complains that his treatment was negligent in various respects and on 1 november 2011 he instituted an action for damages against the mec for health, eastern cape province (the mec). the mec caused a plea to be delivered in which he raised two special pleas. the first was that mr mbodla had not complied with the requirement that he give notice of his claim to the mec within six months of the debt becoming due, as required by s 3(1)(a), read with s 3(2)(a), of the institution of legal proceedings .....

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Apr 01 2014 (FN)

Murabi Vs. Murabi and Others

Court : South Africa Supreme Court of Appeal

Decided on : Apr-01-2014

on appeal from:limpopo high court, thohoyandou (shaik aj sitting as court of first instance): 1. the appeal is upheld with costs. 2. the order of the court below is set aside and in its place is substituted the following: (a) the customary marriage between the applicant and the deceased contracted in 1979 is declared valid. (b) the civil marriage contracted between the first respondent and the deceased on 2 august 1995 is declared null and void. (c) the first respondent is ordered to pay the costs of the application. judgment petse ja (mthiyane dp, saldulker ja and van zyl and legodi ajjaconcurring): [1] there are two issues for determination in this appeal. the first is whether the appellant, ms t[ ] m[ ] m[ ], was lawfully married to the late r[ ] r[ ] g[ ] m[ ] (the deceased) who died on 7 april 2011. the second is whether the civil marriage of the first respondent, ms n[ ] c[ ] m[ ], to the deceased contracted on 2 august 1995 is valid. [2] these issues arise against the following backdrop. the appellant instituted proceedings in the limpopo high court, thohoyandou in which she sought against the respondents an order: (a) that the civil marriage contracted between the first respondent and the deceased on 2 august 1995 be declared null and void ab initio; and (b) that the customary marriage concluded between the appellant and the deceased on 1 november 1979 be declared valid. by way of consequential relief she also sought orders directing the second respondent, the .....

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Apr 17 2014 (FN)

National Director of Public Prosecutions and Others Vs. Freedom Under ...

Court : South Africa Supreme Court of Appeal

Decided on : Apr-17-2014

on appeal from:north gauteng high court, pretoria (murphy j sitting as court of first instance): 1. the appeal succeeds only to the extent that the paragraphs (b), (e) and (f) of the order of the court a quo are set aside 2. the orders in paragraphs (a), (c), (d), (g) and (h) of the order by the court a quo are confirmed but re-numbered in accordance with the changes necessitated by the setting aside of the orders in paragraph 1. 3. it is recorded that the following undertaking has been furnished on behalf of the first respondent: (a) to decide which of the criminal charges of murder and related crimes that were withdrawn on 2 february 2012, are to be reinstituted and to make his decision known to the respondent within 2 months of this order. (b) to provide reasons to the respondent within the same period as to why he decided not to reinstitute some if any of those charges. 4. there shall be no order as to costs in respect of the appeal. brand ja(mthiyane dp, navsa, ponnan et maya jja concurring): [1] this is an appeal against an order of the high court granted at the behest of the respondent. in substance the order reviewed and set aside four decisions taken by or on behalf of the first three appellants in favour of the fourth appellant and directed the first three respondents to reinstate criminal prosecutions and disciplinary proceedings against him. the appeal is with the leave of the court a quo. more precise details of the order appealed against will appear from the .....

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Apr 01 2014 (FN)

Spenmac (Pty) Ltd. Vs. Tatrim Cc

Court : South Africa Supreme Court of Appeal

Decided on : Apr-01-2014

on appeal from: eastern cape high court, port elizabeth (goosen j sitting as court of first instance): the appeal is dismissed with costs judgment mthiyane dp (lewis, shongwe, petse jja and mocumie aja concurring): [1] this is an appeal against a judgment and order of the eastern cape high court, port elizabeth (goosen j), setting aside an agreement of sale concluded between the appellant, spenmac (pty) ltd, and the respondent, tatrim cc, in respect of a sectional title property, park towers on 8 october 2010 and declaring it void for lack of consensus. the appellant (the defendant) was ordered to pay the respondent (the plaintiff) the sum of r788 157,89 together with interest at the rate of 15 per cent per annum a tempore morae to date of payment and costs of suit. [2] the appeal to this court is with the leave of the high court. at the heart of the dispute between the parties is whether a misrepresentation on the part of the plaintiffs representative, mr spendley, at the time of the conclusion of the agreement, resulted in a fundamental mistake. if it did, the question is then whether the plaintiff purchaser was entitled to rely on the mistake to avoid the sale agreement, given the exemption clause in the contract which provided that the property was sold voetstoots and that the purchaser had acknowledged that he had not been induced to enter into the agreement by any express or implied information, statement, advertisement or representations made by any other person on .....

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Mar 31 2014 (FN)

Capricorn District Municipality and Another Vs. the South African Nati ...

Court : South Africa Supreme Court of Appeal

Decided on : Mar-31-2014

on appeal from: north gauteng high court, pretoria (legodi j sitting as court of first instance): 1. the appeal is upheld with costs, including the costs of two counsel. 2. the order of the court below is set aside and replaced with the following: the application is dismissed with costs, including the costs of two counsel, where so employed. judgment mthiyane dp (lewis, bosielo, petse and willis jja concurring) [1] this is an appeal arising from an order granted by the north gauteng high court (legodi j) in favour of the respondent, directing the appellants to replace or repair all leaking water pipes and all defective water meters in lebowakgomo zone a, limpopo within twelve months from the date of the order; that, pending the final replacement and repair of the above pipes and meters, and the issuing or production of reliable and accurate water accounts to the satisfaction of each respective water consumer, to charge a flat rate of: (a) r70.00 per household per month for water consumption from 12 september 2011; (being the date on which the application was instituted) and; (b) r50 per month from august 2009 until 11 september 2011 per household per month for water consumption. the appeal is before this court with its leave, the court below having refused leave. [2] the question to be considered in the appeal is whether these mandatory orders are competent in the light of the principles of legality and separation of powers. the appellants contend that the flat rate imposed .....

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Mar 28 2014 (FN)

Esorfranki Pipelines (Pty) Ltd. and Another Vs. Mopani District Munici ...

Court : South Africa Supreme Court of Appeal

Decided on : Mar-28-2014

on appeal from: north gauteng high court, pretoria (matojane j sitting as court of first instance): 1. the first and second appellants appeal against the orders in paras 2 and 3 of the order of the high court is upheld with costs including the costs of two counsel, such costs to be paid jointly and severally by the first and the third to fifth respondents on the scale as between attorney and client. 2. the aforesaid orders are set aside and are substituted with the following orders: (a) any contract entered into between the first respondent and the third to fifth respondents pursuant to the award of the tender to the respondents for the construction of a pipeline between the nandoni dam and the nsami water treatment works (nandoni to giyani pipe project; project number lpr018), is declared void ab initio and is set aside. (b) the first respondent is ordered to formally approach the department of water affairs within seven days of the granting of this order to request that department to do the following: (i) to take such steps as may be necessary to determine the extent of the works necessary to perform remedial work and to complete the construction of the pipeline and the other works as contemplated in the aforesaid tender, for purposes of publishing a tender for the said remedial work and the completion of the works; (ii) to prepare and publish an invitation to tender for the performance of the remedial work and completion of the works as aforesaid; (iii) to evaluate and .....

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