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![Lombardy Development (Pty) Limited and Others v City of Tshwane Metropolitan Municipality and Another (A150_22) [2024] ZAGPPHC 17; [2024] 1 All SA 798 (GP) (12 January 2024)](https://media.beehiiv.com/cdn-cgi/image/format=auto,width=800,height=421,fit=scale-down,onerror=redirect/uploads/publication/thumbnail/6645f3a5-b6b3-4c99-81c1-b324371dd951/landscape_DALL_E_2023-10-19_13.55.04_-_Photo_of_a_stylish_logo_for_a_legal_semantic_search_firm_named__Semantis.AI_._A_magnifying_glass__which_has_nodes_interconnected_to_depict_semantic_se.png){kind=logo}
Lombardy Development (Pty) Limited and Others v City of Tshwane Metropolitan Municipality and Another (A150_22) [2024] ZAGPPHC 17; [2024] 1 All SA 798 (GP) (12 January 2024)
A municipality has a constitutional obligation to adhere to and take all necessary steps to give effect to court orders, particularly those that require the rectification of property rates and categorisations. This obligation includes engaging meaningfully with affected property owners in disputes over compliance with such orders. The failure of the municipality to do so, especially in the face of a bona fide dispute regarding whether it has correctly complied with the orders, constitutes a breach of its constitutional duties.
Petersen and Others v CPLM Exports CC [2023] ZAGPJHC 747; 2023 (5) SA 555 (GJ) (30 June 2023)
The granting of a rescission of default judgment and leave to defend in a prior application does not automatically preclude a plaintiff from seeking summary judgment in a subsequent application.
Nedbank Limited and Another v Surve and Others (160_2023) [2023] ZASCA 178 (18 December 2023)
The core legal principle underlying the decision is that in cases of alleged unfair discrimination, the burden of proof lies with the complainant to establish a prima facie case of discrimination. Mere perception or inference of discrimination based on race is not sufficient to meet this burden.
Eerste Nasionale Bank van Suidelike Afrika Bpk v Saayman NO 1997 (4) SA 302 (SCA)
For a person to be bound by a contract, they must have the mental capacity to understand the nature and consequences of the agreement they are entering into. This is the first matter that the then Appellate division heard after Bank of Lisbon - here Justice Olivier attempts to revive good faith as a selfstaniding principle in contract enforcement.
Mbethe v United Manganese of Kalahari (Pty) Ltd (42213_2014) [2016] ZAGPJHC 8; 2016 (5) SA 414 (GJ) (11 February 2016)
Derivative action in terms of section 165 of the Companies Act: Good Faith Requirement: For a derivative action to be permissible, the applicant must act in good faith, as stipulated by Section 165(5)(b)(i) of the Companies Act. Good faith encompasses both an honest belief in the existence of a valid cause of action with a reasonable prospect of success and the absence of any collateral purpose that would amount to an abuse of the court's process.
Vodacom (Pty) Ltd v Makate and Another (Case no 401/2022) [2024] ZASCA 14 (06 February 2024)
A third person nominated to fix a price or make a valuation must exercise the judgment of a reasonable person. If their judgment leads to a patently inequitable result, it can be corrected on equitable grounds
Essence Lading CC v Infiniti Insurance Ltd / Mediterranean Shipping Company (Pty) Ltd (Case No: 2022/4024 [2023] ZAGPJHC 676 (9 June 2023)
Practice - amendment, substitution or joinder? Rule 28 is generally inappropriate for situations where a new party, not currently represented before the court, is to be introduced.
Van Zyl NO and Another v Currin and Others (15047_2018) [2018] ZAWCHC 189 (15 October 2018)
Personal liability of directors: If a company continues to carry on business and to incur debts when, in the opinion of reasonable businessmen, standing in the shoes of the directors, there would be no reasonable prospect of the creditors receiving payment when due, it will in general be a proper inference that the business is being carried on recklessly.
Sandown Travel (Pty) Ltd v Cricket South Africa (42317*2011) [2012] ZAGPJHC 249; 2013 (2) SA 502 (GSJ) (7 December 2012)
Contract law through the cases: This principle, known as the repentance doctrine, allows the innocent party to reconsider their position and cancel the agreement when the defaulting party continues to breach the contract.
Wafai and Others v SA Casual Dining Concepts (Pty) Ltd and Another (7609/2023) [2023] ZAWCHC 333 (6 December 2023)
Contract law through the cases: If a party misrepresents the content of a contract to the extent that there is no meeting of the minds between the parties, resulting in a fundamental mistake, then there is no valid contract.
Nash v Golden Dumps (Pty) Ltd[1985] ZASCA 6; [1985] 2 All SA 161 (A) (27 March 1985)
Contract law through the cases: When a contract contains distinct and separable obligations, a party's acceptance of the repudiation of one obligation does not necessarily affect their rights under another obligation within the same contract.