Court Code
NAHCMD

Urgent application – Sale in Execution – Should the court refuse to grant applicant the relief he seeks, a sale in execution is bound to follow – That will render any judgment in the pending litigation an academic exercise

Practice – Interpleader – Guidelines for conduct of Interpleader proceedings – Attached motor vehicle in possession of execution debtor – First claimant who claims ownership of the motor vehicle attached in execution of the judgment bears the onus of proving his ownership of the motor vehicle.

 

Arbitration – The award – Review of –Grounds in cases falling within s 33 (1) of the Arbitration Act 42 of 1965 – Grounds upon which court will set aside award very narrow.

Civil Procedure – claim for eviction instituted by the plaintiff – on the basis that he was defrauded and/or misrepresented into selling his house – on the part of his brother – plaintiff did not prove the elements that he was defrauded or misrepresented – defendant opposed the action – and raised as her defence that she bought the house from the plaintiff – considered on a balance of probabilities – defendant’s version is much more probable – the plaintiff’s claim is dismissed – and the defendant’s counterclaim succeeds.

Administrative Law – Review Application -  Rule 76 – Legislation -Immigration Control Act No.7 of 1993 (‘the Act’)– Application for permanent residence permit – Section 26(3) – usurpation of the powers of the functionality by the court – exceptional circumstances to exist – Civil Procedure - the Stipp principle applied.