High Court Main Division - 2025 February

Civil procedure – Contract law – Absolution from the instance – The defendant and the plaintiff were unable to agree on a price –The defendant insisted on a price specified in the bill of quantities to be reduced to a substantially lower price – In the result, the plaintiff was not appointed as a sub-contractor in view of the failure to agree upon a price for the work to be done – The probabilities favour the evidence of Mr Tenete and the court prefers his version over that of Mr De Wet.

Criminal Procedure – Condonation – Late filing of notice of appeal – Appellant convicted on 13 July 2022 and appeal out of time with almost 2 years –explanations – Court found explanation not reasonable and acceptable – No prospects of success – Condonation dismissed.

Civil Procedure - Law of costs - Wasted costs and costs in the cause – Interlocutory proceedings and costs attendant thereto in terms of rule 32(11) – Whether the court may, in its discretion depart from rule 32(11) – Considerations to be taken into account in departing from the provisions of rule 32(11).

Law of property – Ownership – Eviction – Rei vindicatio – Registration of title over the property sufficient to prove ownership – Effect of the challenge to the causa that underlines the registration – The applicability of s 30 of the Administrates of Estates Act 66 of 1965 – The cancellation agreement of the sale in execution and its impact on the pending registration of the property – Intention of the owner to transfer property to another person – Application upheld.

Civil Action – Claim for outstanding levies due in terms of the Agronomic Industries Act 20 of 1992 ('the Act') – Whether the plaintiff made a case for the payment of levies due under the  Act – The need to present clear and concise relief prayed for in particulars of claim.

Urgent application in terms of s 50A of the Prevention of Organized Crimes Act, (‘the Act’) – Unexplained wealth − The Prosecutor-General (‘PG’) sought an urgent ex parte relief to preserve the assets pending further investigation, as the assets were at risk of being dissipated – The observance of the right to be heard of the person in possession of the property sought to be declared unexplained wealth.

Civil trial – Admissions in plea and the contents of the pre-trial order limit issues that may be raised at trial – Court declines to adjudicate matter on issues outside the pre-trial order.

Civil trial – Loan default case – Indebtedness onus on the plaintiff – Production of certificate of indebtedness – Not a liquid document – Has evidential value – The defendants are entitled to dispute the certificate of indebtedness – Prima facie evidence means prima facie proof of the indebtedness – Without further evidence from the defendants the prima facie proof becomes conclusive, and the plaintiff’s onus is discharged – Whether the onus is discharged depends on the nature of the case and the relative ability of the parties to contribute evidence on the indebtedness issue – Agreement to a certificate of indebtedness clause impacts on that question – Purpose of certificate of indebtedness clause – Certificate of indebtedness clause gives the certificate of indebtedness agreed evidential value and calls for an answer by the defendants – If the plaintiff went as far as it reasonably could in producing evidence and that evidence calls for an answer, prima facie proof was produced, and, without an answer from the defendants, it becomes conclusive, and the plaintiff’s onus is completely discharged – Doubtful or unsatisfactory answers and suspicions leaving the court guessing as to the indebtedness equals no answer and fail to destroy the prima facie proof, which then amounts to full proof – On the defendants’ failure to disturb the prima facie proof, it becomes conclusive, and the defences that the plaintiff failed to comply with section 25(4) of the Electronic Transactions Act 4 of 2019 (the Act) for certain computer-generated documents and that those documents were not the best evidence fall away.

Condonation – Application – Must meet two requirements – An acceptable explanation – Prospects of success – Local Authority – Public interest – Value of information – Size of the property in dispute – Condonation granted