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Apr 01 2014 (FN)

Johan Izak Frederick Pistorius Vs. the State

Court : South Africa Supreme Court of Appeal

On appeal from: The North Gauteng High Court, Pretoria (Erasmus and Rauling JJ sitting as a court of appeal): The appeal is dismissed. JUDGMENT Bosielo JA (Shongwe and Leach JJA concurring): [1] In the afternoon of 26 December 2006, the appellant met with the complainant on his farm. The appellant confronted the complainant and asked him what he was doing on the farm whereupon the complainant answered that he was a security officer. He then demanded his identification documents and when the complainant failed to produce these, he ordered him to leave the farm. The complainant exited the farm but later the same day laid a complaint against the appellant with the police at Vaal Police Station. [2] Arising from these facts, the appellant was tried and convicted in the magistrates court, Standerton, on charges of assault with intent to do grievous bodily harm and crimen injuria. The two counts were taken together for the purpose of sentencing and appellant was sentenced to a fine of R5000....

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Apr 01 2014 (FN)

Spenmac (Pty) Ltd. Vs. Tatrim Cc

Court : South Africa Supreme Court of Appeal

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 ...

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Apr 01 2014 (FN)

Murabi Vs. Murabi and Others

Court : South Africa Supreme Court of Appeal

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 2August 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. T...

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Apr 01 2014 (FN)

Grancy Property Limited and Another Vs. Seena Marena Investment (Pty) ...

Court : South Africa Supreme Court of Appeal

On appeal from: Western Cape High Court, Cape Town (McDougall AJ sitting as court of first instance): 1. The appeal is upheld with costs, including the costs of two counsel. 2. The order of the high court is set aside and replaced with: (a) In the application under case no 15757/07, an order is granted in terms of the order annexed to this judgment marked A; and (b) In the application under case no 10547/08, an order is granted in terms of the order annexed hereto marked B. JUDGMENT Mhlantla JA(concurring): [1] This appeal is against a decision of the Western Cape High Court, Cape Town (McDougall AJ). It is in respect of four applications brought in terms of rule 6(11) of the Uniform Rules of Court and which are interlocutory to two main applications under case numbers 15757/07 and 10547/08. The appeal is with leave of the court below. The underlying dispute between the parties relates to an entitlement of Grancy Property Limited and Montague Goldsmith AG in Liquidation (the appellants...

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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

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 consum...

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Mar 31 2014 (FN)

Roshcon (Pty) Limited Vs. Anchor Auto Body Builders Cc and Others

Court : South Africa Supreme Court of Appeal

On appeal from: North Gauteng High Court, Pretoria (Louw J sitting as court of first instance): The appeal is dismissed with costs including costs of two counsel. Shongwe JA (Maya, Wallis, Petse and Saldulker JJA concurring) [1] This appeal in a nutshell revolves around the question who is the lawful and true owner of five Nissan trucks (the trucks). These were three 9 ton trucks and two 14 ton trucks. The appellant, Roshcon (Pty) Ltd (Roshcon) claimed to be the true owner of all the trucks. It was in possession of two of the 9 ton trucks when litigation started and the second respondent, Firstrand Bank Limited (trading as Wesbank), was in possession of the third. When the application for a declaration of rights commenced in the North Gauteng High Court, there were seven respondents. But the lis was eventually limited to Roshcon, Wesbank and Unitrans. Wesbank filed a counter-application for an order directing Roshcon to deliver to it the two trucks in its possession. The application wa...

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Mar 31 2014 (FN)

Peter Mashudu Nevilimadi Vs. the State

Court : South Africa Supreme Court of Appeal

On appeal from: Limpopo High Court, Thohoyandou (Lukoto J sitting as court of first instance): 1. The appeal against conviction is dismissed and the conviction is confirmed. 2. The appeal against the sentence is upheld. 3. The sentence imposed by the court below is set aside and replaced with the following: The accused is sentenced to 15 years imprisonment. 4. The sentence is antedated in terms of section 282 of the Criminal Procedure Act 51 of 1977 to 24 December 2001, being the date upon which the sentence was imposed. JUDGMENT Mhlantla JA (Wallis and Saldulker JJA concurring): [1] Mr Mashudu Nevilimadi (the appellant) stood trial in the Sexual Offences Court, Thohoyandou, Limpopo on a charge of rape.[1]He pleaded not guilty and at the end of the trial was found guilty of rape involving a girl under the age of 16 years. The magistrate stopped the proceedings in terms of section 52 of the Criminal Law Amendment Act 105 of 1997 (the Act)[2]and referred the matter to the Limpopo High Co...

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Mar 31 2014 (FN)

Avonmore Supermarket Cc Vs. Christina Petronella Venter

Court : South Africa Supreme Court of Appeal

On appeal from: KwaZulu-Natal High Court, Durban (D. Pillay J) sitting as court of first instance): 1. The appeal is dismissed with costs. 2. Paragraph 1 of the order of the high court of 7 December 2012 is amended to read: It is declared that the defendant is liable for such damages as might be agreed upon or proved in consequence of the event that is the subject of this claim. JUDGMENT Mhlantla JA( Ponnan, Petse, Willis JJA and Van Zyl AJA concurring): [1] A lunchtime visit to a supermarket ended badly for Ms Christina Venter (the respondent). On Friday 30 June 2006, the respondent and her colleague Ms Karen Loumeau were shopping at a supermarket owned by Avonmore Supermarket CC (the appellant) when she slipped and fell on a damp floor. As a result of the fall she sustained bodily injuries and in consequence instituted a delictual action for damages against the appellant in the KwaZulu-Natal High Court, Durban. [2] In her particulars of claim the respondent alleged that the appellant...

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Mar 31 2014 (FN)

Nyadzani Samuel Mudau Vs. the State

Court : South Africa Supreme Court of Appeal

On appeal from: Limpopo High Court, Thohoyandou (Lukoto J sitting as court of first instance): 1. The appeal against sentence is upheld. 2. The sentence of 40 years imprisonment imposed by the trial court is set aside and replaced with a sentence of 20 years imprisonment. 3. The sentence is in terms of s 282 of the Criminal Procedure Act 51 of 1977 ante dated to the 22 May 2000 being the date upon which the sentence was imposed. JUDGMENT Mathopo AJA(Ponnan JA and Swain AJA concurring): [1] Mr Samuel Mudau appeared before Lukoto J, charged with the murder of his wife. He pleaded guilty and was convicted as charged. In his plea explanation he admitted to assaulting his wife with a stick several times all over her body with the result that she died in consequence of the injuries inflicted upon her by him. The trial court applied the provisions of the General Law Amendment Act 105 of 1997 (the Act) and sentenced him to 40 years imprisonment. The appellant is appealing against sentence with...

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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

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 m...

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